STONE v. CIF
| BRANDON STONE |
| CIF and WHITNEY COUCH |
| 1:2019cv01193 |
| March 25, 2019 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| Tanya Walton Pratt |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.
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Filing 29
AMENDED ANSWER to Plaintiff's #6 Amended Complaint Defenses, and Demand for Jury Trial, filed by Defendant WHITNEY COUCH. (Gore, Lyubov)
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Filing 28
Order Regarding Exhaustion Defense - Defendant's answer states that "Plaintiff has failed to exhaust his available administrative remedies." Filing No. #27 at 2. But Defendant does not list the failure to exhaust as an affirmative defense. Exhaustion, if asserted as an affirmative defense, must be resolved before proceeding to the merits. Therefore, Defendant shall have through July 12, 2019, in which to either (1) file an amended answer that asserts the affirmative defense of exhaustion; or (2) a notice with the Court stating that Defendant will not pursue that defense. The failure to do either by this deadline will be treated as a waiver of the defense. The clerk is directed to update to the docket to reflect that Defendant's name is "Whitney Couch." Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 7/1/2019.(NAD)
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Filing 27
ANSWER to #6 Amended Complaint Defenses, and Demand for Jury Trial, filed by WENDY COUCH.(Gore, Lyubov)
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Filing 26
Mail Returned as undeliverable (Return to Sender; Refused). #8 Order, #11 Order - Notice to Pro Se Litigants, #12 Order on Motion for Leave to Proceed in forma pauperis sent to BRANDON STONE at Correctional Industrial Facility 5124 West Reformatory Road, Pendleton, IN 46064. (NAD)
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Filing 25
ORDER - denying #20 Motion to Amend. Plaintiff seeks leave to amend his complaint to add the Indiana Department of Correction ("IDOC") and Pendleton Correctional Industrial Facility ("CIF") as defendants. The Court already denied Plaintiff's request to add IDOC as a defendant in its previous Order dated May 13, 2019. For the same reasons stated in that Order, Plaintiff may not add IDOC as a defendant. Moreover, Plaintiff may not add CIF as a defendant because a prison is not a "person" subject to suit pursuant to 42 U.S.C. 1983. Accordingly, Plaintiff's motion to amend, dkt. #20 , is denied. Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 6/4/2019. (NAD)
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Filing 24
NOTICE of Appearance by Daniel F. Rothenberg on behalf of Defendant WENDY COUCH. (Rothenberg, Daniel)
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Filing 23
WAIVER OF SERVICE Returned Executed, filed by WENDY COUCH. WENDY COUCH waiver sent on 5/1/2019. (Gore, Lyubov)
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Filing 22
NOTICE of Appearance by Lyubov Gore on behalf of Defendant WENDY COUCH. (Gore, Lyubov)
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Filing 21
Resent dkts 8, 11, 12, to Plaintiff at CIF. (MEH)
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Filing 20
MOTION to Amend #6 Amended Complaint, filed by Plaintiff BRANDON STONE. (Attachments: #1 Envelope)(NAD)
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Filing 19
Mail Returned as undeliverable (Return to Sender; Inmate Refused). #8 Order, #11 Order - Notice to Pro Se Litigants, #12 Order on Motion for Leave to Proceed in forma pauperis sent to BRANDON STONE at Correctional Industrial Facility, 5124 West Reformatory Road, Pendleton, IN 46064. (NAD)
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Filing 18
ORDER - DENYING #17 MOTION TO AMEND/CORRECT AMENDED COMPLAINT. Plaintiff Brandon Stone requests leave to amend his complaint to also add the Indiana Department of Correction (IDOC) as a defendant. Mr. Stone's motion to amend/correct amended complaint, dkt. #17 , is DENIED. Any claims against the IDOC is in essence a claim against the State of Indiana. Such claims are barred by the Eleventh Amendment to the United States Constitution, and the doctrine of sovereign immunity. Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 5/13/2019. (NAD)
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Filing 17
MOTION to Amend/Correct #6 Amended Complaint, filed by Plaintiff BRANDON STONE. (Attachments: #1 Envelope)(NAD)
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Filing 16
NOTICE of Lawsuit & Waiver Issued by Clerk to: Sergeant Wendy Couch (NAD)
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Filing 15
ORDER - DIRECTING RE-ISSUANCE AND SERVICE OF PROCESS. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to re-issue process to defendant Wendy Couch in the manner specified by Rule 4(d). Process shall consist of the amended complaint (docket #6 ), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), the Screening Order of April 25, 2019 (docket #8 ), and this Order. Copy to Defendant via US Mail. Signed by Judge Tanya Walton Pratt on 5/1/2019.(NAD)
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Filing 13
ENTRY DOCUMENTING NON-PARTY COMMUNICATION - The Court has been notified by counsel for the Indiana Department of Correction that the clerk's attempts to serve Wendy Couch at Correctional Industrial Facility have been unsuccessful. In receiving this information informally, the Court has agreed not to disclose defendant Wendy Couch's last known address to the parties and to use it only for the purpose of effecting service on the defendant. Accordingly, the clerk is directed to docket the 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. Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 4/30/2019.(NAD)
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Filing 12
ORDER - granting #7 Motion for Leave to Proceed in forma pauperis. The plaintiff's motion to proceed in forma pauperis, dkt. #7 , is granted. Although the plaintiff is excused from pre-paying the full filing fee, he still must pay the three hundred and fifty dollar ($350.00) filing fee pursuant to the statutory formula set forth in 28 U.S.C. 1915(b)(2) when able. 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 US Mail. Signed by Judge Tanya Walton Pratt on 4/25/2019. (NAD)
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Filing 11
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 Tanya Walton Pratt on 4/25/2019.(NAD)
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Filing 10
Documents for Service by IDOC - re #6 Amended Complaint, #8 Order, #9 NOTICE of Lawsuit & Waiver Issued by Clerk. (NAD)
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Filing 9
NOTICE of Lawsuit & Waiver Issued by Clerk to: Sergeant Wendy Couch. (NAD)
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Filing 8
Order - Screening Amended Complaint, Dismissing Insufficient Claim, and Directing Service of Process. Any claim against Warden Wendy Knight is dismissed because Mr. Stone has not alleged that Warden Knight was personally involved. Mr. Stone's Eighth Amendment cruel and unusual punishment claim shall proceed against defendant Sergeant Wendy Couch. This summary of claims includes all of the viable claims identified by the Court in the complaint. If the plaintiff believes that additional claims were alleged in the complaint but not identified by the Court, he shall have through May 24, 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 Sergeant Wendy Couch in the manner specified by Fed. R. Civ. P. 4(d). Process shall consist of the amended complaint (docket #6 ), 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 update the docket to reflect that the only defendant is Sergeant Wendy Couch. Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 4/25/2019.(NAD)
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Filing 7
MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff BRANDON STONE. (Attachments: #1 Inmate Trust Account, #2 Envelope) (CKM)
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Filing 6
AMENDED COMPLAINT against CIF, filed by BRANDON STONE. (Attachments: #1 Envelope) (CKM)
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Filing 5
CONSENT to Jurisdiction to US Magistrate Judge by BRANDON STONE. (Attachments: #1 Envelope)(NAD)
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Filing 4
Order - Regarding Filing Fee, Screening and Dismissing Complaint, and Directing Further Proceedings. Plaintiff Brandon Stone shall have through April 30, 2019, in which to either pay the $400.00 filing fee for this action or demonstrate that he lacks the financial ability to do so. Any claims against CIF must be dismissed for failure to state a claim because CIF is a building, not a suable entity under 1983. Accordingly, Mr. Stone's complaint must be dismissed for failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. 1915A(b). The dismissal of the complaint will not in this instance lead to the dismissal of the action at present. Instead, Mr. Stone shall have through April 30, 2019, in which to file an amended complaint. If an amended complaint is filed as directed above, it will be screened pursuant to 28 U.S.C. 1915A. If no amended complaint is filed, this action will be dismissed for the reasons set forth above without further notice or opportunity to show cause. The clerk is directed to include a copy of the Court's blank Complaint form with Mr. Stone's copy of this Order. Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 3/29/19.(NAD)
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Filing 3
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (HET)
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Filing 2
NOTICE of Appearance by Plaintiff BRANDON STONE. (Attachments: #1 Envelope) (HET)
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Filing 1
COMPLAINT against CIF, filed by BRANDON STONE. (No fee paid with this filing) (Attachments: #1 Envelope)(HET)
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