Greenlee v. Carter, et al
| Timothy Greenlee |
| Robert Carter, Christina Reagle, Warden, Unit Team Manager, Lucky, Sowerds, Major of Custody, Hardy, Mayes and Heater |
| 3:2023cv00788 |
| August 25, 2023 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| John E Martin |
| Philip P Simon |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on November 27, 2023. A more recent docket listing may be available from PACER.
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Filing 18
NOTICE of Appearance by Katrin C Hodson on behalf of Heater, Christina Reagle, Unit Team Manager, Warden (Hodson, Katrin)
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Filing 17
WAIVER OF SERVICE Returned Executed by Unit Team Manager, Christina Reagle, Heater, Warden. Unit Team Manager waiver sent on 10/11/2023, answer due 12/11/2023; Christina Reagle waiver sent on 10/11/2023, answer due 12/11/2023; Heater waiver sent on 10/11/2023, answer due 12/11/2023; Warden waiver sent on 10/11/2023, answer due 12/11/2023. (Beach, David)
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Filing 16
NOTICE of Appearance by David J Beach on behalf of Heater, Christina Reagle, Unit Team Manager, Warden (Beach, David)
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Filing 15
Confirmation received from Warden of Miami Correctional Facilty, verifying receipt of DE #12 and #11 . (sej)
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Filing 14
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to IDOC Commissioner Christina Reagle, Warden of Miami Correctional Facility, Unit Team Manager Dwyer (first name unknown) and Sergeant Heater (first name unknown). Waiver of Service due by 11/13/2023. (Attachments: #1 Opinion and Order, #2 Amended Complaint) (sej) Modified on 10/11/2023 IDOC Commissioner name (sej).
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Filing 13
MOTION for Preliminary Injunction by Plaintiff Timothy Greenlee. (sej)
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Filing 12
OPINION AND ORDER: The court GRANTS the plaintiff leave to proceed against Unit Team Manager Dwyer (first name unknown) and Sergeant Heater (first name unknown) in their personal capacity for money damages for failing to protect him from other inmates in violation of the Eighth Amendment; GRANTS the plaintiff leave to proceed against the Warden of Miami Correctional Facility in his official capacity for injunctive relief related to his ongoing need for protection from other inmates; GRANTS the plaintiff leave to proceed against the IDOC Commissioner in her official capacity for injunctive relief related to his ongoing need for a transfer to another facility for security reasons; DISMISSES WITHOUT PREJUDICE the plaintiffs claims against Lieutenant Lucky, Lieutenant Sowerds, Major of Custody, Sergeant Hardy, and Sergeant Mayes; DISMISSES all other claims; DIRECTS the clerk to separately docket the amended complaint #11 as a motion for a preliminary injunction; 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 by email to the Indiana Department of Correction with a copy of this order and the amended complaint #11 pursuant to 28 U.S.C. 1915(d); DIRECTS the clerk to fax or email a copy of the same documents to the Warden of Miami Correctional Facility at Miami Correctional Facility; 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) IDOC Commissioner Christina Reagle, Unit Team Manager Dwyer (first name unknown), and Sergeant Heater (first name unknown) at the Indiana Department of Correction and to send them a copy of this order and the amended complaint #11 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 such information is available; ORDERS the Warden to file and serve a response to the plaintiffs motion for a preliminary injunction no later than 11/17/2023, with supporting documentation and declarations from staff as necessary, addressing his current need for protection from other inmates and the steps being taken to protect him from harm; and ORDERS the Warden, Commissioner Reagle, Unit Team Manager Dwyer, and Sergeant Heater 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 Judge Philip P Simon on 10/11/2023. (Copy mailed to pro se party, Copy of Order and Amended Complaint #11 sent to Warden of Miami Correctional Facility by email as directed in order)(sej)
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***Amended Pleadings Deadline termed per DE #11 . (mrm)
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Filing 11
AMENDED COMPLAINT against Christina Reagle, Warden, Unit Team Manager, Lt. Lucky, Lt. Sowerds, Major of Custody, Sgt. Hardy, Sgt. Mayes, Sgt. Heater, filed by Timothy Greenlee. (Attachments: #1 Envelope)(shk)
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Filing 10
ORDER: The Court STRIKES the complaint #1 ; DIRECTS the clerk to place this case number on a blank Prisoner Complaint Pro Se 14 (INND Rev. 2/20) form and send it to the plaintiff; GRANTS the plaintiff until 10/2/2023, to file an amended complaint on the form containing only related claims against related defendants; 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 Judge Philip P Simon on 9/5/2023. (Copy mailed as directed in Order)(shk)
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Filing 9
ORDER: Pursuant to General Order 2023-17, the Court finds this case must reassigned. Accordingly, the Court DIRECTS the Clerk of Court to reassign this matter to another Article III Judge in accordance with the Local Rules. Judge Philip P Simon is assigned to case. Signed by Judge Jon E DeGuilio on 8/30/2023. (Copy mailed to pro se party) (rmf)
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Filing 8
Case transferred in from District of Indiana Southern; Case Number 1:23-cv-01343. Original file and docket sheet received.
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Filing 7
Transfer Letter to Clerk of the Northern District of Indiana. Case transferred electronically to Northern District of Indiana, on August 15, 2023. (JRB) [Transferred from Indiana Southern on 8/25/2023.]
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Filing 6
Order Transferring Civil Rights Action to Northern District of Indiana, South Bend Division - 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 Tanya Walton Pratt on 8/15/2023.(JRB) [Transferred from Indiana Southern on 8/25/2023.]
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Filing 5
NOTICE to Pro se Litigant - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. Copy to plaintiff by U.S. Mail. (MEH) [Transferred from Indiana Southern on 8/25/2023.]
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Filing 4
RECEIPT #6423 for Filing fee in the amount of $402.00, paid by Sheldon Stone on behalf of TIMOTHY GREENLEE. (CCG) [Transferred from Indiana Southern on 8/25/2023.]
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Filing 3
Notice to File Rule 7.1 Disclosure Statement. (RAGS) (CCG) [Transferred from Indiana Southern on 8/25/2023.]
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Filing 2
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (CCG) [Transferred from Indiana Southern on 8/25/2023.]
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Filing 1
COMPLAINT against ROBERT CARTER, filed by TIMOTHY GREENLEE. (No fee paid with this filing) (Attachments: #1 Cover Letter, #2 Exhibit, #3 Envelope)(CCG) [Transferred from Indiana Southern on 8/25/2023.]
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