Stewart v. Quality Correctional Care et al
| Robert Stewart |
| Dr Elrod, Bob Goldsmith and Quality Correctional Care |
| 4:2021cv00029 |
| April 19, 2021 |
| US District Court for the Northern District of Indiana |
| John E Martin |
| Philip P Simon |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on June 10, 2021. A more recent docket listing may be available from PACER.
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Filing 15
ORDER: The Court GRANTS Plaintiff Robert Stewart until 7/8/2021 to either pay the remaining $350.00 balance of the filing fee OR seek leave to proceed in forma pauperis as explained in this Order and CAUTIONS Plaintiff Robert Stewart if he does not respond by the deadline, this case may be dismissed without further notice for non-payment of the filing fee. Signed by Magistrate Judge John E Martin on 6/10/2021. (Copy mailed to pro se party)(bas)
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| Filing 14 NOTICE of Change of Address by Robert Stewart from Tippecanoe County Jail to 2800 N 9th St Rd, Lafayette, IN 47904 (mlc) |
| Filing 13 Mail Returned from Robert Stewart as Undeliverable - #10 Opinion and Order, Return to Sender from the Tippecanoe County Jail - Not Deliverable as addressed - unable to forward. (mrm) |
| Filing 12 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Dr. Elrod at Quality Correctional Care, LLC. (cc: electronically sent to Quality Correctional Care, LLC) Waiver of Service due by 6/21/2021. (Attachments: #1 Opinion and Order, #2 Amended Complaint) (mrm) |
| Filing 11 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Sheriff Bob Goldsmith. (copy sent to Sheriff Bob Goldsmith at Tippecanoe County Sheriffs Department) Waiver of Service due by 6/21/2021. (Attachments: #1 Opinion and Order, #2 Amended Complaint) (mrm) |
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Filing 10
OPINION AND ORDER: The Court GRANTS Robert Stewart leave to proceed against Dr. Elrod in her individual capacity for monetary damages for denying Stewart constitutionally adequate medical care for pain associated with his back injury, in violation of the Eighth Amendment; GRANTS Robert Stewart leave to proceed against Sheriff Bob Goldsmith in his official capacity for injunctive relief to receive constitutionally adequate medical care for pain associated with his back injury, as required by the Eighth Amendment; GRANTS Robert Stewart leave to proceed against Dr. Elrod in her individual capacity for monetary damages for retaliating against Stewart for initiating a prior lawsuit against her by refusing to grant him accommodations for back pain that he had been granted previously, in violation of the First Amendment; DISMISSES all other claims; DISMISSES Quality Correctional Care; 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) Sheriff Bob Goldsmith at Tippecanoe County Sheriff's Department, with a copy of this order and the complaint (ECF 9), 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) Dr. Elrod at Quality Correctional Care, LLC, with a copy of this order and the complaint (ECF 9), pursuant to 28 U.S.C. 1915(d); ORDERS Tippecanoe County Sheriff's Department and Quality Correctional Care 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, pursuant to 42 U.S.C. 1997e(g)(2), Dr. Elrod and Sheriff BobGoldsmith 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 Judge Philip P Simon on 5/21/2021. (Copy mailed to pro se party)(mrm)
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| Filing 9 AMENDED PRO SE COMPLAINT against Dr Elrod, Bob Goldsmith, Quality Correctional Care, filed by Robert Stewart.(ksp) |
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Filing 8
ORDER DENYING #5 MOTION to Amend/Correct Filing of Suit by Plaintiff Robert Stewart; DIRECTING the clerk to place this cause number on a blank Prisoner Complaint form and send it to the plaintiff; GRANTING the plaintiff to and including 6/4/2021, to file a properly completed amended complaint; and CAUTIONING the plaintiff that if he fails to file an amended complaint by that date, the case will proceed based on his original complaint #2 . Signed by Judge Philip P Simon on 5/3/2021. (Copy mailed to pro se party as directed in Order)(lhc)
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Filing 7
ORDER granting #6 Motion for Leave to Proceed in forma pauperis. The Court WAIVES the initial partial filing fee, ORDERS the plaintiff, Robert Stewart, IDOC # 973705, Tippecanoe County Jail # 6889, 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 5/3/21. (Copy mailed as directed in Order). (nal)
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| Filing 6 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Robert Stewart. (Attachments: #1 Envelope)(ksp) |
| Filing 5 MOTION to Amend/Correct Filing of Suit by Plaintiff Robert Stewart. (Attachments: #1 Envelope)(ksp) |
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Filing 4
ORDER: The Court DENIES without prejudice the Request to Proceed Forma Pauperis #3 ; DIRECTS the Clerk of Court to place this cause number on a blank Prisoner Motion to Proceed In Forma Pauperis AO240 (Rev. 7/10)(INND Rev. 8/16) and send it to Robert Stewart; GRANTS Plaintiff Robert Stewart until 5/20/2021 to return the form with his trust fund ledgers for the past six months; and CAUTIONS Plaintiff that if he does not respond by the deadline, this case will be dismissed without further notice, which will not relieve him of the obligation to pay the filing fee in installments over time. Signed by Magistrate Judge John E Martin on 4/20/2021. (Copy mailed to pro se party with form)(bas) Modified on 4/21/2021 (bas).
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Filing 1
ORDER STRIKING DE 33 AMENDED COMPLAINT against Quality Correctional Care, Sheriff Bob Goldsmith, and Dr. Elrod, filed by Robert Stewart and DE 34 MOTION for Leave to Proceed in forma pauperis by Plaintiff Robert Stewart in 4:19-cv-108, DE 35, and DIRECTING the clerk to docket these documents in a new case. Signed by Judge Theresa L Springmann on 4/19/2021. (lhc)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff Robert Stewart. (lhc) |
| Filing 2 PRO SE COMPLAINT against Dr Elrod, Bob Goldsmith, Quality Correctional Care, filed by Robert Stewart. (Copy to pro se party) (lhc) |
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