HARDEN v. OPIE et al
Plaintiff: CALVIN HARDEN
Defendant: ZATECKY, PENDLETON CORRECTIONAL FACILITY and THOMAS OPIE
Case Number: 1:2019cv00161
Filed: January 15, 2019
Court: US District Court for the Southern District of Indiana
Presiding Judge: Tanya Walton Pratt
Referring Judge: Doris L Pryor
Nature of Suit: Prisoner Petitions - Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 11, 2019 Filing 12 NOTICE of Appearance by Jordan Michael Stover on behalf of Defendants THOMAS OPIE, ZATECKY. (Stover, Jordan)
February 22, 2019 Filing 11 WAIVER OF SERVICE Returned Executed, filed by ZATECKY. ZATECKY waiver sent on 1/25/2019. (Esenwein, Jill)
February 22, 2019 Filing 10 WAIVER OF SERVICE Returned Executed, filed by THOMAS OPIE. THOMAS OPIE waiver sent on 1/25/2019. (Esenwein, Jill)
February 22, 2019 Filing 9 NOTICE of Appearance by Jill Esenwein on behalf of Defendants THOMAS OPIE, ZATECKY. (Esenwein, Jill)
January 25, 2019 Filing 8 Documents for Service by IDOC - re #6 Entry, #7 NOTICE of Lawsuit & Waiver Issued by Clerk, #2 Complaint. (NAD)
January 25, 2019 Filing 7 NOTICE of Lawsuit & Waiver Issued by Clerk to: 1) Thomas Opie, and 2) Warden Zatecky. (NAD)
January 25, 2019 Filing 6 Entry Screening Complaint and Directing Further Proceedings - In summary, the Eighth Amendment excessive force and denial of medical care claims, as well as, the state law tort claims for battery and breach of duty shall proceed against Sgt. Opie. The Eighth Amendment failure to train claim against Warden Zatecky in his individual capacity shall also proceed. This summary of remaining claims includes all of the viable claims identified by the Court. All other claims have been dismissed. If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through February 20, 2019, in which to identify those claims. The clerk is directed to terminate Pendleton Correctional Facility as a defendant on the docket. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants Thomas Opie and Warden Zatecky in the manner specified by Rule 4(d). Process shall consist of the complaint filed on January 15, 2019, dkt #2 , applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. The clerk is directed to serve the Indiana Department of Correction employees electronically. (See Entry.) Signed by Judge Tanya Walton Pratt on 1/25/2019.(NAD)
January 24, 2019 Opinion or Order Filing 5 ORDER - granting #4 Motion for Leave to Proceed in forma pauperis. 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. Signed by Judge Tanya Walton Pratt on 1/24/2019. (NAD)
January 17, 2019 Filing 4 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff CALVIN HARDEN. c/s (Attachments: #1 Exhibit Inmate Trust Account) (CKM)
January 16, 2019 Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO)
January 15, 2019 Filing 2 COMPLAINT against THOMAS OPIE, PENDLETON CORRECTIONAL FACILITY, ZATECKY, filed by CALVIN HARDEN. (No fee paid with this filing) (REO)
January 15, 2019 Filing 1 CONSENT to Prisoner E-Service by CALVIN HARDEN located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by CALVIN HARDEN 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)

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Plaintiff: CALVIN HARDEN
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Defendant: ZATECKY
Represented By: Jordan Michael Stover
Represented By: Jill Esenwein
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Defendant: PENDLETON CORRECTIONAL FACILITY
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Defendant: THOMAS OPIE
Represented By: Jordan Michael Stover
Represented By: Jill Esenwein
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