PEACHER v. TALBOT et al
| R. PEACHER and ROBERT PEACHER |
| M. LAFLOWER, J. DOE, P. TALBOT, J. ERNST, J. ERNEST, MICHELLE LAFLOWER and PAUL TALBOT |
| 1:2018cv03044 |
| October 2, 2018 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| James R Sweeney |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 30, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 29 NOTICE of Appearance by Jarod Zimmerman on behalf of Defendants MICHELLE LAFLOWER, PAUL TALBOT. (Zimmerman, Jarod) |
| Filing 28 NOTICE of Service of Responses to Plaintiff's Request to Produce, filed by Defendants MICHELLE LAFLOWER, PAUL TALBOT, re #24 Request for Production of Documents. (Bitner, Douglass) |
| Filing 27 MOTION For Assistance With Recruiting and Appointment of Counsel, filed by Plaintiff ROBERT PEACHER. (JDC) |
Filing 26
Order Denying Motion to Appoint Counsel without Prejudice - Plaintiff Robert Peacher's motion to appoint counsel, dkt. #23 , is denied without prejudice for failing to include all information required by the Court to consider such a motion. The clerk is directed to send the plaintiff a blank copy of the Court's form Motion for Assistance with Recruiting Counsel. Signed by Judge James R. Sweeney II on 11/19/2018. (Attachments: #1 Blank Motion For Assistance) (JDC)
|
|
Filing 25
Order Denying Motion for Defendants to Supply Name - Plaintiff R. Peacher's "motion for defendants to supply name of defendant J. Doe," dkt. #22 , is denied as premature. In the Court's October 17, 2018, Order screening the complaint and directing service of process, the Court ordered that the defendants provide relevant information "contemporaneously with the filing of their answer or other responsive pleading." Dkt. #10 . Defendant J. Ernest has not yet filed an answer or other responsive pleading and still has time to do so. The clerk is directed to update the docket to reflect the correct spelling of the following names: plaintiff Robert Peacher, defendant J. Ernest, defendant Michelle LaFlower, and defendant Paul Talbot, M.D. Signed by Judge James R. Sweeney II on 11/19/2018. (JDC) Modified on 11/20/2018 (JDC).
|
| Filing 24 First REQUEST for Production of Documents, filed by Plaintiff R. PEACHER.(JDC) |
| Filing 23 Verified MOTION to Appoint Counsel, filed by Plaintiff R. PEACHER. (Attachments: #1 Exhibit)(JDC) |
| Filing 22 MOTION For Defendants To Supply Name Of Defendant J. Doe, filed by Plaintiff R. PEACHER. (JDC) |
| Filing 21 ANSWER to #2 Complaint , filed by M. LAFLOWER, P. TALBOT.(Bitner, Douglass) |
| Filing 20 NOTICE of Appearance by Douglass R. Bitner on behalf of Defendants M. LAFLOWER, P. TALBOT. (Bitner, Douglass) |
| Filing 19 WAIVER OF SERVICE Returned Executed, filed by J. ERNST. J. ERNST waiver sent on 10/9/2018. (Dickmeyer, David) |
| Filing 18 NOTICE of Appearance by David C. Dickmeyer on behalf of Defendant J. ERNST. (Dickmeyer, David) |
| Filing 17 WAIVER OF SERVICE Returned Executed (date signed 10/31/2018), filed by P. TALBOT. (Attachments: #1 Envelope)(DWH) |
| Filing 16 WAIVER OF SERVICE Returned Executed (date signed 10/30/2018), filed by P. TALBOT. (Attachments: #1 Envelope)(DWH) Modified on 11/6/2018 (DWH). |
| Filing 15 WAIVER OF SERVICE Returned Executed, filed by P. TALBOT. P. TALBOT waiver sent on 10/18/2018. (Attachments: #1 Envelope)(DWH) |
| Filing 14 WAIVER OF SERVICE Returned Executed, filed by M. LAFLOWER. M. LAFLOWER waiver sent on 10/9/2018. (Bitner, Douglass) |
| Filing 13 ENTRY NOTICE TO PRO SE LITIGANTS - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. Pro se litigants should read this Notice carefully before filing anything further with the Court. All litigants are expected to comply with the Federal Rules of Civil Procedure and this Court's Local Rules. Therefore, the rules and procedures contained in this Notice are not all of the rules pro se litigants must follow (SEE NOTICE FOR ADDITIONAL INFORMATION). Signed by Judge James R. Sweeney II on 10/18/2018.(DWH) |
| Filing 12 Documents for Service by IDOC TO: (3) Jason Ernst, and (4) the supervisor of the barbershop supervisor at Pendleton- re #11 NOTICE of Lawsuit & Waiver Issued by Clerk, #2 Complaint, #6 Order, #10 Order on Motion. (DWH) |
| Filing 11 NOTICE of Lawsuit & Waiver Issued by Clerk TO: (1) Dr. Paul Talbot, (2) Michelle LaFlower, (3) Jason Ernst, and (4) the supervisor of the barbershop supervisor at Pendleton. (DWH) |
|
Filing 10
ORDER Granting Motion for Court to Take Notice of Misidentification of Defendant During Screening and Directing Service of Process - Plaintiff Robert Peacher's "motion for court to take notice of misidentification of defendant during screening", dkt. #9 , is granted. The defendants are directed to provide relevant information to assist the plaintiff with identifying John/Jane Doe contemporaneously with the filing of their answer or other responsive pleading. The plaintiff must file a motion to substitute the real name of any "Doe" defendant within 90 days of the entry of this order or risk dismissal of the Doe defendant without prejudice unless good cause for the failure can be shown. The clerk is directed pursuant to Fed. R. Civ. P. 4 (c)(3) to issue process to defendants Dr. Paul Talbot, Michelle LaFlower, Jason Ernst, and the supervisor of the barbershop supervisor at Pendleton in the manner specified by Fed. R. Civ. P. 4(d). Process shall consist of the complaint (docket 2), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), the Screening Order of October 9, 2018, (docket 6), and this Order. The clerk is directed to serve the Indiana Department of Correction employees electronically (SEE ENTRY FOR ADDITIONAL INFORMATION). Signed by Judge James R. Sweeney II on 10/16/2018. Copies distributed pursuant to distribution list. (DWH)
|
| Filing 9 MOTION for Court to take notice of misidentification of defendant during screening, filed by Plaintiff R. PEACHER. (Attachments: #1 Exhibit). (MAC) |
| Filing 8 Documents for Service by IDOC - re #2 Complaint, #6 Order, #7 NOTICE of Lawsuit & Waiver Issued by Clerk. (MAC) |
| Filing 7 NOTICE of Lawsuit & Waiver Issued by Clerk (LAB) (MAC) |
|
Filing 6
ORDER Screening Complaint and Directing Service of Process. If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court he shall have through November 5, 2018, in which to identify those claims. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants Dr. Paul Talbot, Michelle LaFlower, Jason Ernst, and the supervisor of the barbershop at Pendleton in the manner specified by Fed. R. Civ. P. 4(d). Process shall consist of the complaint (docket 2), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order. The clerk is directed to serve the Indiana Department of Correction employees electronically. (See Order) Copies to Wexford Defendants via U.S. Mail. Signed by Judge James R. Sweeney II on 10/9/2018. (MAC)
|
|
Filing 5
ORDER granting Plaintiff's #3 Motion for Leave to Proceed in forma pauperis. Accordingly, no initial partial filing fee is due at this time. Signed by Judge James R. Sweeney II on 10/9/2018. (MAC)
|
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff R. PEACHER. (REO) Modified on 10/3/2018 (REO). |
| Filing 2 COMPLAINT against J. DOE, J. ERNST, M. LAFLOWER, P. TALBOT, filed by R. PEACHER. (No fee paid with this filing) (Attachments: #1 Exhibit - Grievance documents, #2 Notice of Lawsuit and Request for Waiver of Service of Summons, #3 Cover Page)(REO) |
| Filing 1 CONSENT to Prisoner E-Service by R. PEACHER located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by R. PEACHER to the court for filing will generate a Notice of Electronic Filing that will constitute official service upon registered users of CM/ECF. If any parties to the case are not registered CM/ECF users, the Clerk of the Court will mail the document via U.S. Postal Service on behalf of the inmate. NOTE: The E-Filing Program does not affect the obligation of other parties to serve copies of documents in accordance with the Federal Rules of Civil Procedure. (REO) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Indiana Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
