Garcia et al v. Cornett et al
| James Garcia, James S Garcia, Montez Harris, Lavon Lampkins, James Scarbourough and Charles Knight |
| Tracy Cornett, Gary Lewis, Joseph Farley, Matthew Batey, Kimberly Hughes, Jaqulin Algozine and John Galipeau |
| WESTVILLE E-FILE(Court Use Only) |
| 3:2023cv01056 |
| December 8, 2023 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| Holly A Brady |
| Susan L Collins |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on January 23, 2024. A more recent docket listing may be available from PACER.
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Filing 13
OPINION AND ORDER: The court DENIES the preliminary injunction motion #3 ; GRANTS James Garcia until 02/26/2024, to file an amended complaint; and CAUTIONS James Garcia if he does not respond by the deadline, this case will be dismissed under 28 U.S.C. 1915A without further notice because the current complaint does not state a claim for which relief can be granted. Signed by Chief Judge Holly A Brady on 01/23/2024. (jdb)
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Filing 12
Initial Partial Filing fee received: $ 20.97, receipt number SB 2464. (kmt)
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Filing 11
(Previously received) Consent to Receipt of Documents Through Prisoner Electronic Filing Program by James Garcia. 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. (Captioned in error as 3:23-cv-1506) (kmt)
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Filing 8
OPINION AND ORDER: The court: (1) DISMISSES Montez Harris, Lavon Lampkins, James Scarbourough, and Charles Knight; (2) DIRECTS the clerk to open a separate case for Montez Harris, Lavon Lampkins, James Scarbourough, and Charles Knight with this order, the complaint (ECF #1 ), and the motion for a preliminary injunction (ECF #3 ); (3) DIRECTS the clerk to directly assign these related, newly opened casespursuant to N.D. Ind. L.R. 40-1(e); (4) DENIES the motion for counsel (ECF #5 ); and (5) DENIES the motion for class certification (ECF #4 ). Signed by Chief Judge Holly A Brady on 12/20/23. (Copy mailed to pro se parties)(jld)
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Filing 7
ORDER granting #2 Motion for Leave to Proceed in forma pauperis; ORDERS the plaintiff, James Garcia, IDOC # 132913, to immediately pay (and the facility having custody to automatically remit) $5.39 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 Holly A Brady on 12/20/2023. (Copy mailed as directed in Order). (nhc)
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Filing 10
Letter from James Garcia requesting documents to be regenerated. (Docs regenerated) (nae)
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Filing 9
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by James Garcia. 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 6
Letter from James Garcia. (Attachments: #1 Consent to Receipt of Documents through Prisoner Electronic Filing Program) (kmt)
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Filing 5
MOTION Requesting Appointment of Counsel by Plaintiff James Garcia. (kmt)
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Filing 4
MOTION Requesting Certification as a Class by Plaintiff James Garcia. (kmt)
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Filing 3
MOTION Requesting Preliminary Injunction by Plaintiff James Garcia. (Attachments: #1 Memorandum of Law in Support, #2 Declarations, #3 Proposed Order)(kmt)
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Filing 2
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff James Garcia. (kmt)
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Filing 1
PRO SE COMPLAINT against Jaqulin Algozine, Matthew Batey, Tracy Cornett, Joseph Farley, John Galipeau, Kimberly Hughes, Gary Lewis, filed by Charles Knight, Montez Harris, James Garcia, Lavon Lampkins, James Scarbourough. (Attachments: #1 Exhibit)(File stamped copy with case number sent to Garcia)(kmt)
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