McCracken v. Kirby et al
| Richard McCracken |
| Kirby, Hensley, William Hyatte and John Doe |
| 3:2023cv00908 |
| October 13, 2023 |
| US District Court for the Northern District of Indiana |
| Joshua P Kolar |
| 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 December 1, 2023. A more recent docket listing may be available from PACER.
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***Waiver of Service Deadline terminated. (kmt)
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Filing 20
WAIVER OF SERVICE Returned Executed by Hensley, Kirby. Hensley waiver sent on 10/17/2023, answer due 12/18/2023; Kirby waiver sent on 10/17/2023, answer due 12/18/2023. (Davis, Stephanie)
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Filing 19
NOTICE of Appearance by Stephanie M Davis on behalf of Hensley, Kirby (Davis, Stephanie)
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Filing 18
Letter requesting court appointed counsel from Richard McCracken. (Attachments: #1 Envelope) (ash)
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Filing 17
ORDER: The clerk is DIRECTED to send the plaintiff a copy of the docket sheet and the ledger for this case. Any other relief requested in the plaintiffs letter #16 is DENIED as outlined in this order. Signed by Judge Philip P Simon on 11/8/2023. (Copy mailed to pro se party with copy of docket sheet and ledger)(mrm)
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Filing 16
Letter regarding filing fee from Richard McCraken. (Attachment: #1 Envelope) (Letter received without case number). (nhc)
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Filing 15
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Sergeant Kirby and Sergeant Hensley (first names unknown). Waiver of Service due by 11/16/2023. (Attachments: #1 Amended Complaint, #2 Opinion and Order) (shk)
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Filing 14
OPINION AND ORDER: The Court DIRECTS the clerk to add Officer John Doe as a defendant; GRANTS the plaintiff leave to proceed against Officer John Doe in his personal capacity for monetary damages for using excessive force against him in violation of the Eighth Amendment on or about February 28, 2022; GRANTS the plaintiff leave to proceed against Sergeant Hensley (first name unknown) in her personal capacity for monetary damages under the Eighth Amendment for failing to intervene in the use of excessive force by Officer John Doe; GRANTS the plaintiff leave to proceed against Sergeant Hensley and Sergeant Kirby (first names unknown) in their personal capacity for monetary damages for denying him the minimal civilized measure of lifes necessities in violation of the Eighth Amendment; DISMISSES William Hyatte as a defendant; 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 Kirby and Sergeant Hensley (first names unknown) at the Indiana Department of Correction and to send them a copy of this order and the amended complaint #7 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 Sergeant Kirby and Sergeant Hensley 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; and ORDERS Sergeant Hensley to provide on or before 12/20/2023, the name of Officer John Doe, who was working in the L-dormitory on the 1/2 side on or about February 28, 2022, and allegedly sprayed the plaintiff with chemical spray in her presence, or to file a notice by that date explaining why the name of this officer cannot be provided. Signed by Judge Philip P Simon on 10/17/2023. (Copy mailed to pro se party)(shk)
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Filing 13
ORDER: The Court ORDERS the plaintiff, Richard McCracken, IDOC # 227037, 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 remaining $345.03 balance of the 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. Signed by Judge Philip P Simon on 10/17/2023. (Copy mailed to pro se party and Wabash Valley Correctional)(shk)
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Filing 12
Case transferred in from District of Indiana Southern; Case Number 2:23-cv-00356. Original file and docket sheet received. (jld)
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Filing 11
Transfer Letter to Clerk of the Northern District of Indiana. Case transferred electronically to Northern District of Indiana, on 10/13/2023. (JSR) [Transferred from Indiana Southern on 10/13/2023.]
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Filing 10
CLOSED TRANSFER to Northern District of Indiana - Pursuant to 28 U.S.C. 1406(a), for the convenience of parties and witnesses, and in the interest of justice, this action is now TRANSFERRED to the United States District Court for the Northern District of Indiana, South Bend Division. The collection order, dkt. #9 , is VACATED. The clerk is directed to send a copy of this Order to the Warden of Wabash Valley Correctional Facility. (See Order.) Signed by Judge Jane Magnus-Stinson on 10/13/2023. Copies distributed pursuant to distribution list. (JSR) [Transferred from Indiana Southern on 10/13/2023.]
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Filing 9
***VACATED PER ORDER #10 *** ORDER Directing Monthly Payments be made from Prison Account of Richard McCracken - Plaintiff's custodian is directed to withhold sums from the inmate trust account of RICHARD MCCRACKEN, 227037, and to forward such sums to the Clerk of this Court at 46 East Ohio Street, Room 105, Indianapolis, Indiana 46204, consistent with paragraph 2 of this Entry. The appropriate cause number, 2:23-CV-00356-JMS-MJD, should be placed on each payment sent to the Clerk. Checks must be issued for a single plaintiff and include the case number or numbers to which the payment should be applied. Copy sent to distribution list via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 9/25/2023.(JRB) Modified on 10/13/2023 (JSR). [Transferred from Indiana Southern on 10/13/2023.]
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Filing 8
RECEIPT #6641 for partial filing fee in the amount of $4.97, paid by RICHARD MCCRACKEN. (DJH) [Transferred from Indiana Southern on 10/13/2023.]
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Filing 7
AMENDED COMPLAINT against All Defendants, filed by RICHARD MCCRACKEN. (LF) [Transferred from Indiana Southern on 10/13/2023.]
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Filing 6
Order on Motion to Proceed In Forma Pauperis - The plaintiff's motion to proceed in forma pauperis, dkt. #2 , is granted to the extent that the plaintiff is assessed an initial partial filing fee of Four Dollars and Ninety-Seven Cents ($4.97). The plaintiff shall have through August 28, 2023, in which to pay this sum to the clerk of the district court. The plaintiff is informed that after the initial partial filing fee is paid, he will be obligated to make monthly payments of 20 percent of the preceding month's income each month that the amount in his account exceeds $10.00, until the full filing fee of $350.00 is paid. (See Order.) Signed by Judge Jane Magnus-Stinson on 7/31/2023. Copy to Plaintiff via US mail. (JSR) [Transferred from Indiana Southern on 10/13/2023.]
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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 sent to plaintiff via US mail). (JRT) [Transferred from Indiana Southern on 10/13/2023.]
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Filing 4
Notice to File Rule 7.1 Disclosure Statement. (RAGS) (CCG) [Transferred from Indiana Southern on 10/13/2023.]
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Filing 3
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (CCG) [Transferred from Indiana Southern on 10/13/2023.]
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Filing 2
MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff RICHARD MCCRACKEN. (Attachments: #1 Exhibit)(CCG) [Transferred from Indiana Southern on 10/13/2023.]
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Filing 1
COMPLAINT against HENSLEY, WILLIAM HYATTE, KIRBY, filed by RICHARD MCCRACKEN. (No fee paid with this filing) (CCG) [Transferred from Indiana Southern on 10/13/2023.]
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