SEAL v. RICHARDSON et al
| ROBERT A SEAL |
| MADISON COUNTY, RONALD RICHARDSON, MICHELLE SUMPTER and ANDY WILLIAMS |
| 1:2016cv02743 |
| October 11, 2016 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| William T. Lawrence |
| Debra McVicker Lynch |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
57
Order Granting Motion for Leave to File Amended Complaint and Screening Amended Complaint. Plaintiff Robert A. Seal's motion for leave to file amended prisoner complaint, Dkt. No. 56 , is granted. Mr. Seal had until March 30, 2018 to amend h is Complaint, see Dkt. No. 54 , which he did on March 22, 2018. The clerk shall re-docket the proposed Amended Complaint Dkt. No. 56 -1 as the Amended Complaint. The defendants have already appeared. They shall have twenty-one days to file an Answer or other responsive pleading to the Amended Complaint.. Signed by Judge William T. Lawrence on 3/27/2018. (JDC)
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Filing
48
ORDER denying as moot Defendant's 43 Motion for Extension of Time to File ; denying as moot 46 Motion to Strike ; denying 32 Motion for Summary Judgment. The defendants shall have through December 22, 2017, in which to notify the Cou rt in writing that they have either abandoned their affirmative defense of exhaustion or request a hearing to resolve the factual disputes detailed above. If the defendants seek a hearing on the affirmative defense, the plaintiff may request the Co urt attempt to recruit counsel to represent him for purposes of the hearing. The clerk shall include a form motion for assistance with recruiting counsel with Seal's copy of this Entry. (Copy to Plaintiff via U.S. Mail). Signed by Judge William T. Lawrence on 11/28/2017. (JDC)
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Filing
21
ORDER granting in part and denying in part Defendants' 16 Motion to Dismiss for Failure to State a Claim. The motion is granted as follows: The RLUIPA claim against Madison County is dismissed. Any claim for injunctive relief is dismissed . Finally, any First Amendment claim against any defendant in his or her official capacity is dismissed. The motion is denied as follows: Any RLUIPA claim for damages against a defendant in his or her official capacity shall proceed. In addition, the First Amendment claim against Michelle Sumpter in her individual capacity shall proceed. Sumpter shall have 21 days after this Entry to file an Answer. Counsel who has appeared on behalf on Richardson is requested to either obtain Richardson&# 039;s consent to waive service of a summons or notify the Court, through an ex parte filing if necessary, of Richardson's last known address. Counsel shall have thirty days to do so. Copy to Plaintiff via U.S. Mail. Signed by Judge William T. Lawrence on 3/17/2017. (MAC)
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