JOHNSON v. JABKIEWICZ
| CHRISTOPHER MICHAEL JOHNSON |
| JABKIEWICZ |
| 1:2019cv00056 |
| January 4, 2019 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| James R Sweeney |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on February 20, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 MOTION For No Contact Order, filed by Plaintiff CHRISTOPHER MICHAEL JOHNSON. (Attachments: #1 Envelope)(JDC) |
| Filing 10 NOTICE of Appearance by Traci Marie Cosby on behalf of Defendant JABKIEWICZ. (Cosby, Traci) |
| Filing 9 WAIVER OF SERVICE Returned Executed, filed by JABKIEWICZ. JABKIEWICZ waiver sent on 1/10/2019. (Upchurch, Andrew) |
| Filing 8 NOTICE of Appearance by Andrew J. Upchurch on behalf of Defendant JABKIEWICZ. (Upchurch, Andrew) |
| Filing 7 NOTICE of Lawsuit & Waiver Issued by Clerk to )Deputy Jabkiewicz (LAB) (JDC) |
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 February 8, 2019, in which to identify those claims. The clerk is directed pursuant to Fed. R. Civ. P. 4(c) (3) to issue process to defendant Deputy Jabkiewicz 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. (Copy to Plaintiff via U.S. Mail) Signed by Judge James R. Sweeney II on 1/10/2019. (JDC)
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Filing 5
Order on In Forma Pauperis Status - The plaintiff's motion to proceed in forma pauperis, dkt. #3 , is granted. Notwithstanding the foregoing ruling, "[a]ll [28 U.S.C.] 1915 has ever done is excuse pre-payment of the docket fees; a litigant remains liable for them, and for other costs, although poverty may make collection impossible." Abdul-Wadood v. Nathan, 91 F.3d 1023, 1025 (7th Cir. 1996). The assessment of even an initial partial filing fee is waived because the plaintiff has no assets and no means by which to pay a partial filing fee. 28 U.S.C. 1915(b)(4). Accordingly, no initial partial filing fee is due at this time. (Copy to Plaintiff via U.S. Mail) Signed by Judge James R. Sweeney II on 1/9/2019. (JDC)
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| 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 CHRISTOPHER MICHAEL JOHNSON. (Attachments: #1 Exhibit, #2 Envelope)(REO) |
| Filing 2 COMPLAINT against JABKIEWICZ, filed by CHRISTOPHER MICHAEL JOHNSON. (No fee paid with this filing) (Attachments: #1 Envelope)(REO) |
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Filing 1
ORDER Severing Submission of Amended Complaint and Administratively Closing Closing Motion for Leave to Proceed In Forma Pauperis - On December 28, 2018, plaintiff Christopher Michael Johnson submitted a complaint and a motion for leave to proceed in forma pauperis, which were docketed in this action. However, because Mr. Johnson's newly submitted complaint identifies Deputy Jabkiewicz as a defendant for allegedly violating Mr. Johnson's privacy and confidentiality rights, it appears that Mr. Johnson intended for the submission of these documents to be a filing of a new complaint. Therefore, the claims in Mr. Johnson's submission of an amended complaint are severed from this action and a new civil action from the Indianapolis Division shall be opened. The submission of an amended complaint (dkt. 44 ) in this action shall be filed and re-docketed as the complaint in the newly opened action. The pending motion for leave to proceed in forma pauperis (dkt. 45 ) shall be filed and re-docketed as a pending motion in the newly opened action. The motion for leave to proceed in forma pauperis, dkt. 45, is administratively closed in this action. Mr. Johnson's second amended complaint, dkt. 15, shall remain the operative complaint (SEE ORDER FOR ADDITIONAL INFORMATION).. Signed by Judge James Patrick Hanlon on 1/4/2019. (as docketed in 1:18-cv-2165-JPH-MJD.)(REO)
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| Defendant: JABKIEWICZ | |
| Represented By: | Andrew J. Upchurch |
| Represented By: | Traci Marie Cosby |
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| Plaintiff: CHRISTOPHER MICHAEL JOHNSON | |
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