Stewart v. Quality Correctional Care et al
| Robert Stewart, II |
| Quality Correctional Care, Tippecanoe County Sheriff's Department, Michael Persons and Bob Goldsmith |
| 4:2019cv00108 |
| November 14, 2019 |
| US District Court for the Northern District of Indiana |
| Lafayette Office |
| Andrew P Rodovich |
| Theresa L Springmann |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 24
STATUS REPORT ORDER: The Court GRANTS the defendant until 2/25/2020 to file a summary judgment motion based on the exhaustion of administrative remedies, CAUTIONS the defendant this affirmative defense will be waived if it is not raised in a summary judgment motion by the deadline, REMINDS the defendant Local Rule 56-1 requires, A party seeking summary judgment against an unrepresented party must serve that party with the notice contained in Appendix C;, and ORDERS defense counsel and the unrepresented plaintiff to separately prepare and file brief status reports by 2/25/2020. Signed by Magistrate Judge Andrew P Rodovich on 1/7/2020. (Copy mailed to pro se party)(rmf)
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| Filing 23 MOTION to Appoint Counsel filed by Plaintiff Robert Stewart, II. (Attachments: #1 Envelope)(ksp) |
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Filing 22
ORDER denying #21 Motion to Include Compensatory and Punitive Damages as Listed in Original Complaint. The Court stands by its #20 screening order, as amended. Signed by Chief Judge Theresa L Springmann on 1/9/20. (Copy mailed to pro se party)(kjp)
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| Filing 21 MOTION to Include Compensatory and Punitive Damages as Listed in Original Complaint, filed by Plaintiff Robert Stewart, II. (Attachments: #1 Envelope)(ksp) |
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Filing 20
OPINION AND ORDER: The Court AMENDS the previous screening order #4 to reflect that Robert Stewart, II is granted leave to proceed against Sheriff Bob Goldsmith in his official capacity for injunctive relief to provide Robert Stewart with adequate medical care for his hernias, as required by the Eighth Amendment; and DENIES his request for a preliminary injunction contained in his complaint #1 . Signed by Chief Judge Theresa L Springmann on 12/20/2019. (Copy mailed to pro se party) (lhc)
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| Filing 19 NOTICE by Bob Goldsmith re #18 Letter Concerning Affidavit of Thomas Lehman (Masson, Douglas) |
| Filing 18 Letter from Robert Stewart regarding issues with mail (Attachments: #1 Envelope) (mlc) |
| Filing 17 ANSWER to Sheriff Bob Goldsmith's Declaration by Robert Stewart, II. (Attachments: #1 Envelope) (jat) |
| Filing 16 MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (Copy mailed to pro se party). Magistrate Consent forms due by 12/31/2019. (tc) |
| Filing 15 SUMMONS Returned Executed by USMS o/b/o Robert Stewart, II. Bob Goldsmith served on 11/25/2019, answer due 12/16/2019. (ksp) |
| Filing 14 ANSWER to Complaint and Response in Opposition to Preliminary Injunction by Bob Goldsmith. (Attachments: #1 Supplement Response in Opposition to Motion for Preliminary Injunction, #2 Supplement Memorandum in Support of Response in Opposition, #3 Affidavit Affidavit of Jail Commander Thomas Lehman)(Masson, Douglas) |
| Filing 13 NOTICE of Appearance by Douglas J Masson on behalf of Bob Goldsmith (Masson, Douglas) |
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Filing 12
ORDER DENYING #11 Motion for Appointment of Counsel. Signed by Magistrate Judge Andrew P Rodovich on 12/4/2019. (Copy mailed to pro se party)(bas)
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| Filing 11 MOTION for Appointment of Counsel by Plaintiff Robert Stewart, II. (Attachment: #1 Envelope). (nal) |
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Filing 10
ORDER DENYING AS MOOT #8 Motion for Leave to Proceed in forma pauperis. Signed by Chief Judge Theresa L Springmann on 11/26/2019. (Copy mailed to pro se party) (jat)
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| Filing 9 Letter from Robert E. Stewart II enclosing proposed summons and 285 forms. (Attachments: #1 Proposed Summons and 285 Forms, #2 Envelope) (ksp) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Robert Stewart, II. (Attachments: #1 Envelope)(ksp) |
| Filing 7 Letter from Robert Stewart. (Attachments: #1 Envelope) (rmf) |
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Filing 6
ORDER DENIES #2 MOTION to Appoint Counsel by Plaintiff Robert Stewart, II and DIRECTS the clerk to send Robert Stewart, II ten (10) copies of the screening order #4 . Signed by Magistrate Judge Andrew P Rodovich on 11/22/2019. (Copy mailed as directed in Order) (lhc)
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| Filing 5 Summons Issued as to Bob Goldsmith. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (Copy to USM). (nal) |
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Filing 4
OPINION AND ORDER: The Court GRANTS Robert Stewart, II, leave to proceed against Sheriff Bob Goldsmith in his official capacity for injunctive relief to provide Robert Stewart with adequate medical care for his hernia, as required by the Fourteenth Amendment, DISMISSES all other claims, DISMISSES Defendants Tippecanoe County Sheriff's Department Jail Division, Quality Correctional Care and Dr. Michael Persons, DIRECTS the Clerk of Court to issue a summons addressed to Sheriff Bob Goldsmith, DIRECTS the United States Marshals Service to issue and serve process on Sheriff Bob Goldsmith by certified mail no later than November 22, 2019, at the Tippecanoe County Sheriff's Department with a copy of this order and the Complaint, pursuant to 28 U.S.C. 1915(d), ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), that Sheriff Bob Goldsmith 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, ORDERS Sheriff Bob Goldsmith to file a declaration in response to Robert Stewart, II's request for a preliminary injunction along with his answer and ORDERS Robert Stewart, II to file a reply to Sheriff Bob Goldsmith's declaration, if any, within fourteen days of receiving the declaration. Signed by Chief Judge Theresa L Springmann on 11/20/19. (Copy mailed to pro se party and USM). (nal)
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Filing 3
ORDER: The Court GRANTS the Plaintiff leave to proceed in forma pauperis; WAIVES the initial partial filing fee; ORDERS the Plaintiff, Robert Stewart, II, IDOC # 973705, Tippecanoe County Jail # 149341, 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 of Court to create a ledger for receipt of these funds; and DIRECTS the Clerk of 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 Theresa L Springmann on 11/19/19. (Copy mailed to pro se party and Tippecanoe County Jail)(ksp)
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| Filing 2 MOTION to Appoint Counsel by Plaintiff Robert Stewart, II. (Attachments: #1 Envelope)(mlc) |
| Filing 1 PRO SE COMPLAINT, Preliminary and Permanent Injunction, with Jury Demand against Bob Goldsmith, Michael Persons, Quality Correctional Care, Tippecanoe County Sheriff's Department, filed by Robert Stewart, II. (Attachments: #1 Proposed Summons, #2 Envelope, #3 Request for IFP form, form returned to plaintiff with a copy of the complaint)(mlc) |
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