Hill v. WCCF et al
| Bernell Hill |
| WCCF and Warden |
| 3:2024cv00022 |
| January 8, 2024 |
| US District Court for the Northern District of Indiana |
| Andrew P Rodovich |
| Philip P Simon |
| 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 March 5, 2024. A more recent docket listing may be available from PACER.
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Filing 11
OPINION AND ORDER: The plaintiff's motion for a preliminary injunction #1 is DENIED. Signed by Judge Philip P Simon on 3/5/2024. (Copy mailed to pro se party). (nhc)
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Filing 10
RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION by Warden to #1 MOTION for Preliminary Injunction . (Attachments: #1 Exhibit A-RR)(Davis, Abigail)
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***Waiver of Service Deadline terminated. (rmc)
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Filing 9
NOTICE of Appearance by Stephanie M Davis on behalf of Warden (corrected party represented) (Davis, Stephanie) Modified on 2/15/2024 (ace).
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Filing 8
WAIVER OF SERVICE Returned Executed by Warden. (Davis, Abigail)
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Filing 7
NOTICE of Appearance by Abigail Davis on behalf of Warden (Davis, Abigail)
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Filing 6
Confirmation received from Westville Correctional Facility, verifying receipt of DE #1 , #3 , and #4 . (sej)
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Filing 5
ORDER: The court GRANTS the plaintiff leave to proceed in forma pauperis #2 ; WAIVES the initial partial filing fee; ORDERS the plaintiff, Bernell Hill, IDOC # 963301, 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 1/16/2024. (Copy mailed to pro se party and Westville Correctional Facility: Inmate Trust Fund Department)(sej)
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Filing 4
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden of Westville Correctional Facility. (Copy of Notice of Lawsuit, Opinion and Order #3 , and Complaint/Motion #1 emailed to Warden of Westville Correctional as directed in Order) Waiver of Service due by 2/15/2024. (Attachments: #1 Opinion and Order, #2 Complaint) (sej)
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Filing 3
OPINION AND ORDER: The court GRANTS the plaintiff leave to proceed against the Warden of Westville Correctional Facility in his official capacity to obtain needed medical care for an intestinal disorder as required by the Eighth Amendment; DISMISSES all other claims; DISMISSES WCCF 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) the Warden of Westville Correctional Facility by email to the Indiana Department of Correction with a copy of this order and the complaint #1 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 Westville Correctional Facility at Westville Correctional Facility; 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 2/16/2024, with supporting documentation and declarations from staff as necessary, addressing the plaintiffs current need medical condition, what treatment has been provided to date, and what additional treatment (if any) is contemplated; and ORDERS the Warden to respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claim for which the plaintiff has been granted leave to proceed in this screening order. Signed by Judge Philip P Simon on 1/16/2024. (Copy mailed to pro se party)(sej)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Plaintiff Bernell Hill. (nae)
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Filing 1
MOTION for Preliminary Injunction titled as Extrodinary Writ for: Injunctive Relief (Expedited) by Plaintiff Bernell Hill. (Attachments: #1 Envelope)(nae)
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