GARVEY v. PENDLETON CORRECTIONAL FACILITY WARDEN et al
| JAMES GARVEY |
| PENDLETON CORRECTIONAL FACILITY ASSITANT WARDEN, CURTIS and PENDLETON CORRECTIONAL FACILITY WARDEN |
| 1:2019cv04154 |
| October 9, 2019 |
| US District Court for the Southern District of Indiana |
| Jane Magnus-Stinson |
| Doris L Pryor |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 31, 2021. A more recent docket listing may be available from PACER.
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Filing 10
Documents for Service by IDOC to 1) Warden, Pendleton Correctional Facility; 2) Assistant Warden, Pendleton Correctional Facility; and 3) Correctional Officer Curtis, - re #8 Entry, #9 NOTICE of Lawsuit & Waiver Issued by Clerk, #2 Complaint. (JDH)
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Filing 9
NOTICE of Lawsuit & Waiver Issued by Clerk. (JDH)
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Filing 8
ENTRY SCREENING COMPLAINT AND DIRECTING SERVICE OF PROCESS - Any claim asserted under the Fifth Amendment is dismissed for failure to state a claim upon which relief can be granted. Mr. Garvey alleges that Officer Curtis violated the Eighth Amendment by using excessive force against him. The Eighth Amendment claim against Officer Curtis in his individual capacity shall proceed. The Eighth Amendment failure to protect and unconstitutional conditions claims shall proceed against the Warden and Assistant Warden of Pendleton, in their official and individual capacities. These are the claims the Court discerns 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 December 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 1) Warden, Pendleton Correctional Facility; 2) Assistant Warden, Pendleton Correctional Facility; and 3) Correctional Officer Curtis, in the manner specified by Rule 4(d). Process shall consist of the complaint filed on October 9, 2019 (docket 2), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. (See Entry). Signed by Judge Jane Magnus-Stinson on 11/18/2019.(JDH)
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Filing 7
CONSENT to Jurisdiction to US Magistrate Judge by JAMES GARVEY. (JDH)
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Filing 6
Order on In Forma Pauperis Status - The plaintiff's motion to proceed in forma pauperis, dkt. #3 , 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. See 28 U.S.C. 1915(b)(1) ("the prisoner shall be required to pay the full amount of a filing fee."). 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 Jane Magnus-Stinson on 10/21/2019. (JDH)
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Filing 5
NOTICE to Pro se Litigant - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. (JRT)
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Filing 4
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH)
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Filing 3
MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff JAMES GARVEY. (Attachments: #1 Certificate and Transaction History)(DJH)
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Filing 2
COMPLAINT against CURTIS, PENDLETON CORRECTIONAL FACILITY ASSITANT WARDEN, PENDLETON CORRECTIONAL FACILITY WARDEN, filed by JAMES GARVEY. (No fee paid with this filing) (DJH)
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Filing 1
CONSENT to Prisoner E-Service by JAMES GARVEY located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by JAMES GARVEY 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. (DJH)
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