JOHNSON v. NEW CASTLE CORRECTIONAL FACILITY
| JAMES J. JOHNSON |
| D. BLACK, KEITH BUTTS, ANNA DOCK, DAWN ELLIS, G.E.O., INDIANA DEPARTMENT OF CORRECTIONS, MCDONALD, NEW CASTLE CORRECTIONAL FACILITY, BROOK PIERCE, PIERCE SALVAGE YARD, R. PRUS and RANDALL |
| 1:2016cv01146 |
| May 6, 2016 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tim A. Baker |
| Tanya Walton Pratt |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
72
ENTRY on Parties' Cross Motions for Summary Judgment - As discussed above, there are genuine disputes of material fact on Johnson's claims against Officer Prus and there is no genuine issue of material fact on Johnson's claims against GEO. Consistent with this ruling, the Defendants' motion for summary judgment, dkt 63 , is granted in part and denied in part. The motion is denied as to Johnson's claims against Officer Prus and granted as to Johnson's claims against GEO. The clerk shall terminate GEO as a defendant. Johnson's motion for summary judgment, dkt 68 , is denied. This case will proceed to a resolution on Johnson's claim against Officer Prus. The motion to freeze R. Prus estate, dkt. 69 , is denied because Johnson has not demonstrated the necessity of such action at this time. The Court sua sponte reconsiders Johnson's motion for assistance with recruiting counsel, dkt. 33 . That motion is now granted and the Court will endeavor to recruit counsel to represent Johnson for purposes of assisting him with settlement negotiations and trial if one is necessary. The Court will direct further proceedings in this action after counsel is recruited. See Entry for details. Signed by Judge Tanya Walton Pratt on 3/26/2018. Copy sent to plaintiff via US Mail. (MAT)
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Filing
34
Entry Denying Motion for Assistance with Recruiting Counsel - For these reasons, the renewed motion for counsel [dkt 33 ] is denied. (See Entry.) Copy sent to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 2/23/2017. (JLS)
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Filing
30
Entry on Pending Motions - The Court has considered plaintiff Johnson's motion for appointment of counsel. For the following reasons, the motion [dkt 25 ] is denied for the present time. Johnson seeks an order from the Court directing G.E.O . to release certain camera footage. The request [dkt 27 ] is understood to be a request for discovery and is denied because Johnson has not shown that he has previously requested the discovery from the defendant. However, G.E.O. is directed to r espond to request as though it were a properly served discovery request. Johnson is reminded that future discovery requests should be served only on the party from whom discovery is sought and not filed with the Court. Johnson's response to t he Court's entry directing development of the exhaustion defense is unnecessary. The affirmative defense has been withdrawn. Accordingly, the response (dkt 28 ) is of no effect. Johnson also seeks reconsideration of the Entry Discussing Amended Complaint in which the Court dismissed certain of his claims and allowed others to proceed. But Johnson has demonstrated no error in that Entry. Accordingly, the motion for reconsideration [dkt 29 ] is denied. (See Entry.) Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 1/17/2017. (JLS)
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Filing
13
Entry Discussing Amended Complaint and Directing Further Proceedings - Johnson's motion to file an amended complaint [dkt 8] is granted. If Johnson believes he raised a claim that was not addressed in this Entry, he shall have through October 17 , 2016, in which to notify the Court.The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants Prus and GEO in the manner specified by Rule 4(d). Process shall consist of the amended complaint filed on July 13, 2016, (docket 8 and 8-1), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. **SEE ORDER** Copy to Plaintiff and Defendant via U.S. Mail. Signed by Judge Tanya Walton Pratt on 9/19/2016. (JLS)
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Filing
5
Entry on Pending Motions - The plaintiff's motion to proceed in forma pauperis [dkt. 2] is denied as presented. He shall have until June 10, 2016, in which renew his motion to proceed in forma pauperis by attaching a copy of the transactions ass ociated with his institution trust account for the 6-month period preceding the filing of this action on May 6, 2016. 42 U.S.C. § 1915(a)(2). He should also be sure that he signs his motion. Otherwise, the plaintiff must pay the $400.00 fil ing fee. The plaintiff's motion to appoint counsel [dkt. 3] is denied as premature. The Court notes that the plaintiff's complaint is not signed as required by Rule 11 of the Federal Rules of Civil Procedure. The plaintiff shall have throug h June 10, 2016, in which to submit a complaint that is properly signed. Finally, the clerk shall amend the docket to reflect the plaintiff's DOC number as reflected in the Distribution of this Entry. Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 5/11/2016. (JLS)
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