BEATY v. SARTEN et al
Plaintiff: DEREK A BEATY and DEREK A. BEATY
Defendant: T COBLE, EASTER ROSE, M SARTEN, B MCNALLY and D WYATT
Case Number: 1:2018cv03181
Filed: October 12, 2018
Court: US District Court for the Southern District of Indiana
Presiding Judge: Matthew P Brookman
Referring Judge: James R Sweeney
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 5, 2018 Filing 19 NOTICE of Appearance by Bryan Findley on behalf of Defendants M SARTEN, D WYATT. (Findley, Bryan)
November 19, 2018 Filing 18 WAIVER OF SERVICE Returned Executed, filed by D WYATT. D WYATT waiver sent on 10/18/2018. (Esenwein, Jill)
November 19, 2018 Filing 17 WAIVER OF SERVICE Returned Executed, filed by M SARTEN. M SARTEN waiver sent on 10/18/2018. (Esenwein, Jill)
November 19, 2018 Filing 16 NOTICE of Appearance by Jill Esenwein on behalf of Defendants M SARTEN, D WYATT. (Esenwein, Jill)
October 25, 2018 Filing 15 CONSENT to Jurisdiction to US Magistrate Judge by DEREK A. BEATY. (DWH)
October 25, 2018 Filing 14 CONSENT to Prisoner E-Service by DEREK A. BEATY located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by DEREK A. BEATY 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. (DWH)
October 22, 2018 Filing 13 NOTICE of Lawsuit & Waiver Issued by Clerk TO: 1) Officer T. Coble. (DWH)
October 22, 2018 Opinion or Order Filing 12 Second Order Directing Issuance and Service of Process - The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to re-issue process to defendant Officer T. Coble in the manner specified by Rule 4(d) at the address provided in court-only docket entry 11. Process shall consist of the complaint, dkt. 1, the screening Order of October 17, 2018, dkt. 6, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order. Signed by Judge James R. Sweeney II on 10/22/2018. Copies distributed per distribution list. (DWH)
October 19, 2018 Opinion or Order Filing 10 ORDER Documenting Non-Party Communication - The Court has been notified by counsel for the Indiana Department of Correction (IDOC) that the clerk's attempts to serve Officer T. Coble at the Pendleton Correctional Facility have been unsuccessful. In receiving this information informally, the Court has agreed not to disclose defendant Officer T. Coble's last known address to the parties and to use it only for the purpose of effecting service on this defendant. Accordingly, the clerk is directed to docket the IDOC's email correspondence with access restricted only to court users. This address information may be further disclosed to the United States' Marshal or his designee to assist with service. Signed by Judge James R. Sweeney II on 10/19/2018. Copy to Plaintiff via US Mail. (DWH)
October 18, 2018 Filing 8 Documents for Service by IDOC TO: 1) Officer M. Sarten, 2) Officer T. Coble, 3) Officer D. Wyatt - re #6 Order, #1 Complaint, #7 NOTICE of Lawsuit & Waiver Issued by Clerk. (DWH)
October 18, 2018 Filing 7 NOTICE of Lawsuit & Waiver Issued by Clerk TO: 1) Officer M. Sarten, 2) Officer T. Coble, 3) Officer D. Wyatt. (DWH)
October 17, 2018 Opinion or Order Filing 9 ORDER - 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 ORDER FOR ADDITIONAL INFORMATION). Signed by Judge James R. Sweeney II on 10/17/2018. Copy to Plaintiff via US Mail. (DWH) Modified on 10/18/2018 (DWH).
October 17, 2018 Opinion or Order Filing 6 ORDER Granting Motion for Leave to Proceed in forma pauperis, Screening Complaint, Dismissing Deficient Claims, and Directing Issuance and Service of Process - Plaintiff Derek A. Beaty's motion for leave to proceed without prepaying fees or costs, dkt. #2 , is granted. The Court finds that plaintiff does not have the assets or means to pay even an initial partial filing fee. The clerk is directed to update the docket to reflect that defendants Sergeant B. McNally and Easter Rose have been dismissed from this action and the only remaining defendants are Officers M. Sarten, T. Coble, and D. Wyatt. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants Officer M. Sarten, Officer T. Coble, and Officer D. Wyatt in the manner specified by Rule 4(d). Process shall consist of the complaint, dkt. 1, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order (SEE ORDER). Signed by Judge James R. Sweeney II on 10/17/2018. Copies distributed pursuant to distribution list. (DWH)
October 12, 2018 Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MAC)
October 12, 2018 Filing 4 Case transferred in from District of Indiana Northern; Case Number 1:18-cv-00323. Original file copy of transfer order and docket sheet received.
October 12, 2018 Opinion or Order Filing 3 ORDER TRANSFERRING case to the United States District Court for the Southern District of Indiana. Signed by Judge William C Lee on 10/12/2018. (Copy mailed to pro se party)(lns) [Transferred from Indiana Northern on 10/12/2018.]
October 11, 2018 Filing 2 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Derek A Beaty. (sct) [Transferred from Indiana Northern on 10/12/2018.]
October 11, 2018 Filing 1 PRO SE COMPLAINT with 4 copies of summons forms and 0 copies of USM-285 forms against T Coble, B McNally, Easter Rose, M Sarten, D Wyatt, filed by Derek A Beaty. (Attachments: #1 Proposed Summons)(sct) [Transferred from Indiana Northern on 10/12/2018.]

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Defendant: T COBLE
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Defendant: EASTER ROSE
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Defendant: M SARTEN
Represented By: Bryan Findley
Represented By: Jill Esenwein
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Defendant: B MCNALLY
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Defendant: D WYATT
Represented By: Bryan Findley
Represented By: Jill Esenwein
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Plaintiff: DEREK A BEATY
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Plaintiff: DEREK A. BEATY
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