McCracken v. Hyatte et al
| Richard McCracken and Richard James McCracken |
| William Hyatte and George Payne, Jr |
| 3:2024cv00169 |
| February 21, 2024 |
| US District Court for the Northern District of Indiana |
| John E Martin |
| James T Moody |
| 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 April 19, 2024. A more recent docket listing may be available from PACER.
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Filing 6
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to William Hyatte and George Payne, Jr.. Waiver of Service due by 5/20/2024. (Attachments: #1 Opinion and Order, #2 Complaint) (sej)
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Filing 5
OPINION AND ORDER: The court GRANTS Richard McCracken leave to proceed against Warden William Hyatte and Deputy Warden George Payne, Jr., in their individual capacities for compensatory and punitive damages for keeping him in a cell with no working lights and no window for several weeks beginning on 1/29/2022, in violation of the Eighth Amendment; DISMISSES all other claims; 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) William Hyatte and George Payne, Jr., at the Indiana Department of Correction, with a copy of this order and the complaint #1 ; ORDERS the Indiana Department of Correction 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; and ORDERS, under 42 U.S.C. 1997e(g)(2), William Hyatte and George Payne, Jr., 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 Senior Judge James T Moody on 4/18/2024. (Copy mailed to pro se party) (sej)
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Filing 4
Initial Filing fee: $ 7.93, receipt number SB 2971 (nae)
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Filing 3
ORDER granting #2 Motion for Leave to Proceed in forma pauperis; ORDERS the plaintiff, Richard McCracken, IDOC # 227037, to immediately pay (and the facility having custody to automatically remit) $7.93 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 Senior Judge James T Moody on 2/23/24. (Copy mailed to pro se party and Wabash Valley Correctional Facility as directed in Order). (nhc)
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Filing 2
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Richard McCracken. (Attachments: #1 Affidavit of Special Circumstances)(kmt)
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Filing 1
PRO SE COMPLAINT against William Hyatte, George Payne, Jr, filed by Richard McCracken. (Attachments: #1 Exhibit)(File stamped copy with case number sent to McCracken)(kmt)
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