Wilkins v. Redman et al
| Daniel E Wilkins and Daniel Ezra Wilkins |
| William Redman, Russell Olmstead, Kevin Smith, Michael Platt and John Foster |
| 3:2023cv01114 |
| December 26, 2023 |
| US District Court for the Northern District of Indiana |
| Andrew P Rodovich |
| 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 February 23, 2024. A more recent docket listing may be available from PACER.
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Reset Answer Deadline per DE #20 . Defendant Warden Russell Olmstead Answer due 4/2/2024. (ash)
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Filing 22
NOTICE of Appearance by Stephanie L Nemeth on behalf of Russell Olmstead (Nemeth, Stephanie)
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Filing 21
NOTICE of Appearance by Peter J Agostino on behalf of Russell Olmstead (Agostino, Peter)
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Filing 20
WAIVER OF SERVICE Returned Executed by Russell Olmstead. Russell Olmstead waiver sent on 2/2/2024, answer due 4/2/2024. (Agostino, Peter) Modified on 2/23/2024 to correct answer due date(ash).
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Filing 19
Mail Returned from John Foster as Undeliverable (Not in Custody) - #11 NOTICE of a Lawsuit and Request to Waive Service of Summons. **Resent to Defendant John Foster. (shk)
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Filing 18
Mail Returned from Kevin Smith as Undeliverable (Not in Custody) - #11 NOTICE of a Lawsuit and Request to Waive Service of Summons. **Resent to Defendant Kevin Smith. (shk)
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Filing 17
Mail Returned from Michael Platt as Undeliverable (Not in Custody) - #11 NOTICE of a Lawsuit and Request to Waive Service of Summons. **Resent to Defendant Michael Platt. (shk)
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Filing 16
Plaintiff's First Discovery REQUEST for Production of Documents by Daniel E Wilkins. (Attachment: #1 Envelope)(jdb)
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Filing 15
MOTION to Reconsider Appointment of Counsel by Plaintiff Daniel E Wilkins. (Attachment: #1 Envelope)(jdb)
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Filing 14
ORDER: The Court ORDERS the Warden to file and serve a response to the plaintiffs motion for a preliminary injunction [DE #12 ; DE #13 ] no later than 3/7/2024, with supporting documentation and declarations from staff as necessary, addressing the current status of the medical care plaintiff is receiving for his amputated leg, including medication, prostheses supplies, and rehabilitation therapy; and GRANTS the plaintiff until 3/21/2024, to file a reply in support of his motion, should he choose to do so. Signed by Judge Philip P Simon on 2/14/2024. (Copy mailed to pro se party and Warden of St. Joseph CJ)(mrm)
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Filing 13
Plaintiff Declaration filed by Daniel E Wilkins. (nal)
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Filing 12
MOTION for Preliminary Injunction by Plaintiff Daniel E Wilkins. (Attachment: #1 Envelope). (nal)
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Filing 11
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden Russell Olmstead, Kevin Smith, Michael Platt, John Foster. Waiver of Service due by 3/4/2024. (Attachments: #1 Amended Complaint, #2 Opinion and Order) (shk) (Additional attachment(s) added on 2/2/2024: #3 Amended Complaint without double header, #4 opinion and order without double banners) (shk).
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Filing 10
OPINION AND ORDER: The Court GRANTS the plaintiff leave to proceed against Kevin Smith, Michael Platt, and John Foster in their personal capacity for monetary damages for denying him needed medication for phantom limb pain and muscle spasms from June 2023 to the present in violation of the Fourteenth Amendment; GRANTS the plaintiff leave to proceed against the Warden of the St. Joseph County Jail in his official capacity to obtain needed medical care as required by the Fourteenth Amendment; GRANTS the plaintiff leave to proceed against Warden Russell Olmstead in his personal capacity for money damages for housing him under conditions that amount to punishment from June 2023 to the present in violation of the Fourteenth Amendment; DISMISSES all other claims; DISMISSES Sheriff William Redman as a defendant; 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) St. Joseph County Jail Warden Russell Olmstead at the St. Joseph County Jail along with a copy of this order and the amended complaint (ECF 8) pursuant to 28 U.S.C. 1915(d); 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) Kevin Smith, Michael Platt, and John Foster at Wellpath and to send them a copy of this order and the amended complaint [DE 8] pursuant to 28 U.S.C. 1915(d); ORDERS the St. Joseph County Sheriffs Office and Wellpath 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; ORDERS Warden Russell Olmstead, Kevin Smith, Michael Platt, and John Foster to respond, as provided 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 2/1/2024. (Copy mailed to pro se party)(shk)
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Filing 9
NOTICE titled Pursuant to 28 U.S.C. 1746 I Declare Under Penalty of Perjury that the Following is True and Correct by Daniel E Wilkins. (nhc)
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Filing 8
AMENDED COMPLAINT against John Foster, Russell Olmstead, Michael Platt, William Redman, Kevin Smith, filed by Daniel E Wilkins. (Attachment: #1 Envelope).(nhc)
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***Amended Pleadings Deadline terminated. (nhc)
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Filing 7
ORDER: The court DENIES the plaintiff's motion for appointment of counsel #3 without prejudice. Signed by Magistrate Judge Andrew P Rodovich on 1/25/24. (Copy mailed to pro se party). (nhc)
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Filing 6
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 February 1, 2024, to file an amended complaint on the form; 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 1/4/2024. (Copy mailed to pro se party as directed in order)(shk)
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Filing 5
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. The Court WAIVES the initial partial filing fee; ORDERS the plaintiff, Daniel E. Wilkins, IDOC # 967078, St. Joseph County Jail # 331378, 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 Judge Philip P Simon on 1/4/2024. (Copy mailed as directed in Order)(shk)
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Filing 4
NOTICE to the US. District Court Clerk by Daniel E Wilkins (kmt)
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Filing 3
MOTION for the Appointment of Counsel by Plaintiff Daniel E Wilkins. (Attachments: #1 Memorandum)(kmt)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Plaintiff Daniel E Wilkins. (Attachments: #1 Declaration)(kmt)
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Filing 1
**STRICKEN pursuant to ORDER #6 ** PRO SE COMPLAINT against Russell Olmstead, William Redman, filed by Daniel E Wilkins. (Attachments: #1 Exhibit, #2 Envelope)(File stamped copy with case number sent to Wilkins)(kmt) Modified on 1/4/2024 (shk).
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