McGuire v. Weldon et al
| Dustin E McGuire and Dustin McGuire |
| Alyssa Weldon, Richard Arnold, Donald Teague and A Lee |
| 3:2023cv00446 |
| May 19, 2023 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Joshua P Kolar |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on July 13, 2023. A more recent docket listing may be available from PACER.
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***Waiver of Service Deadline terminated. (nal)
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Filing 14
WAIVER OF SERVICE Returned Executed by A Lee. A Lee waiver sent on 6/12/2023, answer due 8/11/2023. (Kwait, Julia)
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Filing 13
WAIVER OF SERVICE Returned Executed by Richard Arnold. Richard Arnold waiver sent on 6/12/2023, answer due 8/11/2023. (Kwait, Julia)
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Filing 12
WAIVER OF SERVICE Returned Executed by Alyssa Weldon. Alyssa Weldon waiver sent on 6/12/2023, answer due 8/11/2023. (Kwait, Julia)
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Filing 11
NOTICE of Appearance by James L Hough on behalf of Richard Arnold, A Lee, Alyssa Weldon (Hough, James)
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Filing 10
NOTICE of Appearance by Julia M Kwait on behalf of Richard Arnold, A Lee, Donald Teague, Alyssa Weldon (Kwait, Julia)
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Filing 9
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Sergeant Alyssa Weldon, Sergeant Richard Arnold, Sergeant Donald Teague, and Sergeant A. Lee. Waiver of Service due by 7/12/2023. (Attachments: #1 Opinion and Order, #2 Complaint) (jdb)
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Filing 8
OPINION AND ORDER: The court GRANTS the plaintiff leave to proceed against Sergeant Alyssa Weldon, Sergeant Richard Arnold, Sergeant Donald Teague, and Sergeant A. Lee in their personal capacity for monetary damages for deliberate indifference to his need for adequate food from December 2022 to January 2023 in violation of the Eighth Amendment; DISMISSES all other claims; 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) Sergeant Alyssa Weldon, Sergeant Richard Arnold, Sergeant Donald Teague, and Sergeant A. Lee and to send them a copy of this order and the complaint #5 pursuant to 28 U.S.C. 1915(d); ORDERS the Indiana Department of Correction 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), Sergeant Alyssa Weldon, Sergeant Richard Arnold, Sergeant Donald Teague, and Sergeant A. Lee only to the claim for which the plaintiff has been granted leave to proceed in this screening order. Signed by Chief Judge Jon E DeGuilio on 06/12/2023. (Copy mailed to pro se party) (jdb)
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Filing 7
Initial Partial Filing fee received: $ 6.16, receipt number SB 1227. (kmt)
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Filing 6
RECEIPT of duplicate copy of DE #5 from Dustin E McGuire. (kmt)
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Filing 5
PRO SE COMPLAINT (with signature) against Richard Arnold, A Lee, Donald Teague, Alyssa Weldon, filed by Dustin E McGuire. (Attachments: #1 Exhibit, #2 Copy of IFP Motion previously filed)(nae)
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Filing 4
ORDER: The court DIRECTS the clerk to send the plaintiff a copy of his unsigned complaint #1 ; GRANTS the plaintiff until 06/20/2023 to sign, date, and return the complaint; and CAUTIONS him that if he does not comply, Federal Rule of Civil Procedure 11(a) requires that his complaint be stricken. Signed by Magistrate Judge Joshua P Kolar on 05/26/2023. (Copy mailed as directed in Order) (jdb)
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Filing 3
ORDER: The court GRANTS the plaintiff leave to proceed in forma pauperis #2 ; ORDERS the plaintiff, Dustin E. McGuire, IDOC # 248909, to immediately pay (and the facility having custody to automatically remit) $6.16 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 05/22/2023. (Copy mailed as directed in Order) (jdb)
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Filing 2
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Dustin E McGuire. (kmt)
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Filing 1
(Unsigned) PRO SE COMPLAINT against Richard Arnold, A Lee, Donald Teague, Alyssa Weldon, filed by Dustin E McGuire. (Attachments: #1 Exhibit)(File stamped copy with case number sent to McGuire)(kmt) (Additional attachment(s) added on 5/19/2023: #2 Corrected Document) (kmt).
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