Bailey v. Heeg
| Jason Bailey and Jason Wayne Bailey |
| Ron Heeg and Maxsyan |
| 3:2024cv00092 |
| January 29, 2024 |
| US District Court for the Northern District of Indiana |
| Holly A Brady |
| Cristal C Brisco |
| Susan L Collins |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on March 25, 2024. A more recent docket listing may be available from PACER.
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Filing 14
ORDER REASSIGNING CASE. Pursuant to N.D. Ind. L.R. 40-1(f), case reassigned to Judge Cristal C Brisco for all further proceedings. Chief Judge Holly A Brady no longer assigned to case. Signed by Chief Judge Holly A Brady on 3/25/2024. (Copy mailed to pro se party)(nae)
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Filing 13
Initial Partial Filing fee: $ 25.66, receipt number SB 2914 and SB 2915 (jld)
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Filing 12
WAIVER by Ron Heeg, Maxsyan of Service of Summons. (DiMartino, Guy)
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Filing 11
NOTICE of Appearance by Guy S DiMartino on behalf of All Defendants (DiMartino, Guy)
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Filing 10
DEFENDANT RON HEEG'S RESPONSE TO PLAINTIFF'S DENTAL COMPLAINTS by Ron Heeg to #7 Opinion and Order,,,,,,,,, Set Deadlines,,,,,,,, . (Attachments: #1 Affidavit Affidavit of Christina Boone)(DiMartino, Guy)
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Filing 9
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Sheriff Ron Heeg and Officer Maxsyan. (Copy emailed as directed in Opinion and Order #7 and mailed to both defendants) Waiver of Service due by 4/1/2024. (Attachments: #1 Amended Complaint, #2 Opinion and Order) (shk)
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Filing 8
MOTION for Preliminary Injunction by Plaintiff Jason Bailey. *Filed as directed in Opinion and Order #7 . LaPorte County Sheriff Ron Heeg to file and serve a response to the preliminary injunction, as soon as possible but not later than 3/21/2024 per #7 . (shk)
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Filing 7
OPINION AND ORDER: The Court GRANTS Jason Bailey leave to proceed against Sheriff Ron Heeg and Officer Maxsyan in their individual capacities for compensatory and punitive damages as outlined in the attached opinion and order. GRANTS Jason Bailey leave to proceed against Sheriff Ron Heeg in his officialcapacity for injunctive relief to obtain medical treatment for his missing teeth as required by the Fourteenth Amendment; DISMISSES all other claims; DIRECTS the clerk to separately docket the amended complaint #4 as a preliminary injunction motion; DIRECTS the clerk, under 28 U.S.C. 1915(d), to request Waiver of Service from (and if necessary, the United States Marshals Service to use any lawful means to locate and serve process on) Sheriff Ron Heeg and Officer Maxsyan, with a copy of this order and the amended complaint #4 ; ORDERS the LaPorte County Sheriff's Department to provide the full name, date of birth, and last known home address of any defendant who does not waive service if it has such information; DIRECTS the clerk to fax or email a copy of the same documents to LaPorte County Sheriff Ron Heeg in his official capacity; DIRECTS the clerk to make a docket notation upon receiving confirmation of receipt of those documents by LaPorte County Sheriff Ron Heeg; ORDERS LaPorte County Sheriff Ron Heeg to file and serve a response to the preliminary injunction, as soon as possible but not later than 3/21/2024, (with supporting medical documentation and declarations from other staff as necessary)describing/explaining what medical care Jason Bailey is receiving for his missing teeth; and ORDERS, under 42 U.S.C. 1997e(g)(2), Sheriff Ron Heeg and Officer Maxsyan 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 Chief Judge Holly A Brady on 2/29/2024. (Copy mailed to pro se party)(shk)
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Confirmation of email receipt received from Def Heeg re: Notice of Waiver #9 . (shk)
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Filing 6
ORDER granting #3 and #5 Motions for Leave to Proceed in forma pauperis. The court ORDERS the plaintiff, Jason Bailey, IDOC # 167684, LaPorte County Jail #20043776, to immediately pay (and the facility having custody to automatically remit) $25.66 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 2/28/24. (Copy mailed as directed in Order). (nal)
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Filing 5
MOTION for Leave to Proceed in forma pauperis by Plaintiff Jason Bailey. (kmt)
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Filing 4
AMENDED COMPLAINT against Ron Heeg, Maxsyan, filed by Jason Bailey. (Attachments: #1 Envelope)(kmt)
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***Amended Pleadings and Deficiency Deadlines terminated. (kmt)
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Filing 3
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Jason Bailey. (kmt)
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Filing 2
ORDER: The Court DIRECTS the clerk to place this cause number on a Pro Se 14 (INND Rev. 2/20) Prisoner Complaint form and send it to Jason Bailey; GRANTS Jason Bailey until March 11, 2024, to resolve his filing fee status and to file an amended complaint on that form; and CAUTIONS Jason Bailey if he does not respond by the deadline, this case may be dismissed without further notice. Signed by Magistrate Judge Susan L Collins on 2/12/2024. (Copy of Order, Prisoner Complaint, and IFP Motion mailed to pro se party as directed) (sej)
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Filing 1
PRO SE COMPLAINT against Ron Heeg, filed by Jason Bailey. (No IFP or filing fee received) (Returned file stamped copy with case number to Bailey) (Attachments: #1 Envelope)(nae)
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