CLAYTON v. ARAMARK CORPORATION et al
| BRIEN CLAYTON |
| DUSHAN ZATECKY, ARAMARK CORPORATION, DAVID MASON, MICHAEL CONYERS, JOHN SCHILLING and DUANE ALSIP |
| 1:2019cv02164 |
| May 30, 2019 |
| US District Court for the Southern District of Indiana |
| Doris L Pryor |
| James R Sweeney |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 2, 2020. A more recent docket listing may be available from PACER.
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| Filing 9 Documents for Service by IDOC - re #2 Complaint, #7 Order, #8 NOTICE of Lawsuit & Waiver Issued by Clerk. (JDC) |
| Filing 8 NOTICE of Lawsuit & Waiver Issued by Clerk 1) Aramark Corporation; 2) David Mason; 3) Dushan Zatecky; 4) Duane Alsip; and 5) Michael Conyers (LAB) (JDC) |
Filing 7
Order Screening Complaint and Directing Further Proceedings - 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 August 19, 2019, in which to identify those claims. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants (1) Captain David Mason, (2) Superintendent Dushan Zatecky, (3) Assistant Superintendent Duane Alsip, (4) Major Michael Conyers, and (5) Aramark Corporation in the manner specified by Fed. R. Civ. P. 4(d). Process shall consist of the Complaint (docket 1), 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 terminate John Schilling as a defendant on the docket. Signed by Judge James R. Sweeney II on 7/22/2019. (JDC)
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Filing 6
ORDER on In Forma Pauperis Status - The plaintiff's motion to proceed in forma pauperis, dkt. #5 , 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. Signed by Judge James R. Sweeney II on 7/5/2019. (DWH)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff BRIEN CLAYTON. (Attachments: #1 Exhibit)(JDC) |
| Filing 4 Entry Directing Further Proceedings - The plaintiff shall have through June 27, 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. If he seeks leave to proceed in forma pauperis, his request must be accompanied by a copy of the transactions associated with his institution trust account for the 6-month period preceding the filing of this action on May 30, 2019. Signed by Judge James R. Sweeney II on 6/3/2019.(JDC) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 2 COMPLAINT against DUANE ALSIP, ARAMARK CORPORATION, MICHAEL CONYERS, DAVID MASON, JOHN SCHILLING, DUSHAN ZATECKY, filed by BRIEN CLAYTON. (No fee paid with this filing) (REO) |
| Filing 1 CONSENT to Prisoner E-Service by BRIEN CLAYTON located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by BRIEN CLAYTON 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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