Luttrell v. Pully et al
| Jason Luttrell and Jason Nicholas Luttrell |
| Nate Pully, Misty Cline, Cynthia Hayden, Heather Montez, Aramark Correctional Services, LLC and Warden |
| MIAMI E-FILE(Court Use Only) |
| 3:2023cv00062 |
| January 26, 2023 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on October 27, 2023. A more recent docket listing may be available from PACER.
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Filing 22
WAIVER OF SERVICE Returned Executed by Warden. Warden waiver sent on 3/24/2023, answer due 5/23/2023. (Davis, Stephanie)
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Filing 21
NOTICE of Appearance by Gustavo A Jimenez on behalf of Warden (Jimenez, Gustavo)
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Filing 20
NOTICE of Appearance by Stephanie M Davis on behalf of Warden (Davis, Stephanie)
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Filing 19
ORDER DENYING #18 Motion for Extension of Time to File by Plaintiff Jason Luttrell as outlined in order. Signed by Magistrate Judge Michael G Gotsch, Sr on 3/8/2023. (mrm)
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Filing 18
MOTION for Extension of Time by Plaintiff Jason Luttrell. (Attachments: #1 Cover Letter)(kmt)
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Filing 17
RECEIPT of Waiver of Service of Summons signed by Plaintiff Jason Luttrell, from Jason Luttrell. (Attachments: #1 Cover Letter)(kmt)
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Filing 16
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden of Miami Correctional Facility, Nate Pully, and Misty Cline. Waiver of Service due by 3/30/2023. (Attachments: #1 Order, #2 Complaint, #3 Exhibit) (ash)
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Filing 15
OPINION AND ORDER: The Court DIRECTS the clerk to add the Warden of Miami Correctional Facility as a defendant; GRANTS the plaintiff leave to proceed against the Warden of Miami Correctional Facility in his official capacity for injunctive relief related to his need for a nutritionally adequate diet as required by the Eighth Amendment; GRANTS the plaintiff leave to proceed against Nate Pully and Misty Cline in their personal capacity for monetary damages for deliberate indifference to his need for a nutritionally adequate diet from December 2022 to the present in violation of the Eighth Amendment; DISMISSES all other claims; DISMISSES Cynthia Hayden, Heather Montez, and Aramark Correctional Services, LLC, as defendants; DIRECTS the clerk to request a Waiver of Service from (and if necessary, the United States Marshals Service to use any lawful means to locate and serve process on) the Warden of Miami Correctional Facility, Nate Pully, and Misty Cline at the Indiana Department of Correction and to send them a copy of this order and the complaint pursuant to 28 U.S.C. 1915(d); ORDERS the Indiana Department of Correction and Aramark Correctional Services, LLC, to provide the United States Marshal Service with the full name, date of birth, and last known home address of any defendant who does not waive service, to the extent this information is available; and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), the Warden of Miami Correctional Facility, Nate Pully, and Misty Cline to respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claims for which the plaintiff has been granted leave to proceed in this screening order. Signed by Chief Judge Jon E DeGuilio on 2/27/2023. (ash)
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Filing 14
ORDER: The Court GRANTS #13 MOTION for Leave to Proceed in forma pauperis; ORDERS the plaintiff, Jason Luttrell, IDOC # 223036, to pay $5.65 to the clerk in payment of the initial partial filing fee; ORDERS the plaintiff to pay (and the facility having custody to automatically remit) to the clerk 20% of the money received for each calendar month during which $10.00 or more is received, until the $350.00 filing fee is paid in full; DIRECTS the clerk to create a ledger for receipt of these funds; and DIRECTS the clerk to send a copy of this order to each facility where the plaintiff is housed until the filing fee has been paid in full. Signed by Chief Judge Jon E DeGuilio on 2/27/2023. (cc: Miami Correctional Facility)(ash)
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Filing 13
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Jason Luttrell. (Attachments: #1 Affidavit, #2 Inmate Trust Fund Account Ledger, #3 Envelope)(nae)
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Filing 12
Letter from Jason Luttrell requesting extension of time on prisoner petition to proceed. (Attachments: #1 Envelope) (shk)
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Filing 11
Initial Filing fee received: $ 20.00, receipt number H 445. (jdb)
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Filing 10
Letter from Jason Luttrell forwarded from INSD (nae)
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Filing 9
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Jason Luttrell. The Prisoner Electronic Filing Program operates pursuant to General Order 2018-1. When an inmate submits a document for electronic filing, the Prison Law Library emails a scanned copy and mails the original to the Court. The inmate should not mail a paper copy to the Court or a Defendant. When the scanned copy is docketed by the Court, a Notice of Electronic Filing (NEF) is emailed to the Prison Law Library. This NEF is printed by the Prison Law Library and given to the inmate with only the first page of the inmate's filing. Defendants are served by the Court. When the Prison Law Library receives an NEF for an entry by the Court, the NEF and a full copy of any attached order or document is printed and given to the inmate. The Prison Law Library will not print the NEF for documents filed by a Defendant. The Defendant must serve the inmate by mail. (nae)
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Filing 8
ORDER: The court GRANTS the plaintiff until 2/28/2023, to either pay the filing fee or file a motion for leave to proceed in forma pauperis; and CAUTIONS him that if he does not respond by the deadline, this case is subject to dismissal without further notice for lack of prosecution. Signed by Chief Judge Jon E DeGuilio on 1/30/23. (Copy mailed to pro se party). (nhc)
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Filing 7
Case transferred in from District of Indiana Southern; Case Number 1:23-cv-00142. Original file and docket sheet received. (jld)
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Filing 6
Transfer Letter to Clerk of the Northern District of Indiana. Case transferred electronically to Northern District of Indiana, on January 25, 2023. (JRB) [Transferred from Indiana Southern on 1/26/2023.]
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Filing 5
Order Transferring Case to the Northern District of Indiana - The above action is now TRANSFERRED to the South Bend Division of the United States District Court for the Northern District of Indiana. SEE ORDER. Copy sent to Plaintiff via US Mail. Signed by Judge Richard L. Young on 1/25/23.(JRB) [Transferred from Indiana Southern on 1/26/2023.]
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Filing 4
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DRB) [Transferred from Indiana Southern on 1/26/2023.]
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Filing 3
Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DRB) [Transferred from Indiana Southern on 1/26/2023.]
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Filing 2
AFFIDAVIT re #1 Complaint by JASON NICHOLAS LUTTRELL. (Attachments: #1 Envelope)(DRB) [Transferred from Indiana Southern on 1/26/2023.]
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Filing 1
COMPLAINT against ARAMARK CORRECTIONAL SERVICES LLC, MISTY CLINE, CYNTHIA HAYDEN, HEATHER MONTEZ, NATE PULLY, filed by JASON NICHOLAS LUTTRELL. (No fee paid with this filing) (Attachments: #1 Exhibit, #2 Proposed Summons, #3 Envelope)(DRB) [Transferred from Indiana Southern on 1/26/2023.]
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