SMITH et al v. MARTOCCIA et al
| LOWELL B. SMITH, DONALD G. DOWDEN, SEAN G. GRIFFITH, JOEY MANNS, SR., JARRED A.M. PARTON, NICHOLAS PORTER, DANIEL J. WILLIAMS, JADEN L. BALLARD, BRANDON RICHARDSON and KENNETH COLE SIDWELL |
| MATT MYERS, ALL EMPLOYED OFFICERS and JOHN MARTOCCIA |
| 1:2018cv02319 |
| July 30, 2018 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Mark J Dinsmore |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 12, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 MOTION for Court Assistance and Notice of Change of Address, filed by Plaintiff LOWELL B. SMITH. (Attachments: #1 Envelope)(APD) |
| Filing 17 Entry Concerning Selected Matters - The plaintiff's motion for leave to proceed in forma pauperis, dkt. #13 , is denied as moot. The plaintiff's motion to amend the complaint to add allegations and defendants, dkt #15 , is denied as presented. The plaintiff's motion to time to file an amended complaint, dkt #13 , is granted. The plaintiff shall have through October 10, 2018, in which to file an amended complaint that complies with Local Rule 15-1. The clerk is directed to update the plaintiff's address on the docket to include his Department of Correction's inmate number consistent with the distribution portion of this Entry. (See Entry). Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 9/10/2018. (APD) |
| Filing 16 NOTICE of Change of Address for LOWELL B. SMITH (to Plainfield CF). (Attachments: #1 Envelope) (APD) |
| Filing 15 MOTION to Amend Complaint, filed by Plaintiff LOWELL B. SMITH. (Attachments: #1 Envelope)(APD) |
| Filing 14 Mail Returned as undeliverable (Lowell B. Smith 543 Second Street Columbus, IN 47201). #3 OrderAdd and Terminate Parties sent to LOWELL B. SMITH. (APD) |
| Filing 13 MOTION for Extension of Time and MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff LOWELL B. SMITH. (Attachments: #1 Exhibit, #2 Envelope)(APD) |
| Filing 12 Entry Discussing Filing Fee, Dismissing Complaint and Directing Further Proceedings - Plaintiff Lowell B. Smith's notice of address change reflects that he has been transferred to the Plainfield Reception-Diagnostic Center. He further states that he intends to file a motion to proceed in forma pauperis but that he has been unable to obtain a copy of his inmate trust account as directed by the Court. Based on Mr. Smith's representations, the request for leave to proceed in forma pauperis is granted because the plaintiff has no assets and no means by which to pay a partial filing fee. The dismissal of the complaint will not in this instance lead to the dismissal of the action at present. Instead, Mr. Smith shall have through September 10, 2018, in which to file an amended complaint. In organizing his complaint, the plaintiff may benefit from utilizing the Court's complaint form. The clerk is directed to include a copy of the prisoner civil rights complaint form along with the plaintiff's copy of this Entry. (Copy to Plaintiff via U.S. Mail) Signed by Judge William T. Lawrence on 8/22/2018.(JDC) |
| Filing 11 Mail Returned as undeliverable (Daniel J. Williams Bartholomew County Jail 543 Second Street Columbus, IN 47201). #3 Order sent to DANIEL J. WILLIAMS. (APD) |
| Filing 10 Mail Returned as undeliverable (Donald G. Dowden Bartholomew County Jail 543 Second Street Columbus, IN 47201). #3 Order sent to DONALD G. DOWDEN. (APD) |
| Filing 9 Mail Returned as undeliverable (Nicholas Porter Bartholomew County Jail 543 Second Street Columbus, IN 47201). #3 Order sent to NICHOLAS PORTER. (APD) |
| Filing 8 NOTICE of Change of Address for LOWELL B. SMITH (from Bartholomew County Jail to Plainfield Reception-Diagnostic Center). (Attachments: #1 Envelope) (APD) |
| Filing 7 Mail Returned as undeliverable (Donald G. Dowden 543 Second Street Columbus IN 47201). #4 Consent to Jurisdiction to US Magistrate Judge sent to DONALD G. DOWDEN. (APD) |
| Filing 6 Mail Returned as undeliverable (Daniel J. Williams 543 Second Street Columbus IN 47201). #4 Consent to Jurisdiction to US Magistrate Judge sent to DANIEL J. WILLIAMS. (APD) |
| Filing 5 Mail Returned as undeliverable (Nicholas Porter 543 Second Street Columbus, IN 47201). #4 Consent to Jurisdiction to US Magistrate Judge sent to NICHOLAS PORTER. (APD) |
| Filing 4 CONSENT to Jurisdiction to US Magistrate Judge by LOWELL B. SMITH. (Attachments: #1 Envelope)(APD) |
Filing 3
Order on Filing Fees, Dismissing Certain Parties, and Discussing Multi-Plaintiff Litigation - Lowell B. Smith, a jail inmate in the Bartholomew County Jail in Columbus, Indiana, filed this action naming himself and nine other jail inmates as plaintiffs, seeking damages against defendants for alleged unsanitary conditions in the jail. No filing fee was paid and no motion for leave to proceed in forma pauperis was filed. Attempted multi-plaintiff litigation, where plaintiffs are incarcerated, presents numerous logistical problems, some of which are discussed in this Order. The clerk is directed to send Mr. Smith a blank form for seeking in forma pauperis status with his copy of this Order. The Court will require the other proposed county jail inmate plaintiffs to pursue their claims in separate actions. Jarred A.M. Parton, Jaden L. Ballard, Donald G. Dowden, Brandon Richardson, Nicholas Porter, Daniel Williams, Sean G. Griffith, Kenneth Cole Sidwell, and Joey Manns, Sr. are dismissed from this action. The clerk is directed to update the docket and remove these plaintiffs from this action. The complaint will be screened pursuant to 28 U.S.C. 1915A following resolution of the filing fee or in forma pauperis issue. (See Order). Copies pursuant to distribution list. Signed by Judge Jane Magnus-Stinson on 8/6/2018.(APD)
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| Filing 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 1 COMPLAINT against ALL EMPLOYED OFFICERS, JOHN MARTOCCIA, MATT MYERS, filed by NICHOLAS PORTER, JADEN L. BALLARD, DANIEL J. WILLIAMS, KENNETH COLE SIDWELL, JARRED A.M. PARTON, SEAN G. GRIFFITH, LOWELL B. SMITH, DONALD G. DOWDEN, JOEY MANNS, SR, BRANDON RICHARDSON. (No fee paid with this filing) (Attachments: #1 Envelope)(REO) |
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