RIVES v. WILSON et al
| FRANK D RIVES, JR |
| MARK LUTHER, JOHN VAHLE, MARION COUNTY SHERIFF DEPARTMENT, CHRISTOPHER MYERS, JOHNNY WILSON and DENNIS BOYLE |
| 1:2019cv04567 |
| November 15, 2019 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| James Patrick Hanlon |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on February 3, 2022. A more recent docket listing may be available from PACER.
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Filing 23
Mail Returned as undeliverable. #18 Amended Complaint, #21 NOTICE of Lawsuit & Waiver Issued by Clerk, #12 Order Directing Prisoner Payment, #20 Order on Motion sent to DENNIS BOYLE at Marion County Sheriff's Office. (JDH)
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Filing 22
Mail Returned as undeliverable. #17 NOTICE of Lawsuit & Waiver Issued by Clerk, #12 Order Directing Prisoner Payment, #13 Order, #2 Complaint sent to JOHNNY WILSON at Marion County Sheriff's Office. (JDH)
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Filing 21
NOTICE of Lawsuit & Waiver Issued by Clerk. (JDH)
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Filing 20
ORDER SCREENING AMENDED COMPLAINT, DISMISSING DEFICIENT CLAIM, AND DIRECTING ISSUANCE AND SERVICE OF PROCESS - The claims against Eskenazi Hospital are DISMISSED. For the reasons stated in its prior order, dkt. 13, the claims against the Marion County Sherriff Department are DISMISSED. The clerk is directed to remove the Marion County Sherriff Department from the caption.The section 1983 claims against Officers Johnny Wilson, Dennis Boyle, Christopher Myers, Mark Luther, and John Vahle shall proceed. These are the claims the Court discerns in the amended complaint. If Mr. Rives believes that additional claims were alleged in the amended complaint but not identified by the Court, he shall have through January 27, 2020, in which to identify those claims. Mr. Rives's motion for court assistance is GRANTED to the extent that the clerk shall include an endorsed, but otherwise blank subpoena with Mr. Rives's copy of this Order. Dkt. #15 . It is Mr. Rives's responsibility to ensure the subpoena is properly served. The clerk is directed pursuant to Federal Rule of Civil Procedure 4(c)(3) to issue process to defendants Johnny Wilson, Dennis Boyle, Christopher Myers, Mark Luther, and John Vahle in the manner specified by Rule 4(d). Process shall consist of the amended complaint, dkt. 18, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order. (See Order). Copies mailed per distribution list via U.S. mail. Signed by Judge James Patrick Hanlon on 12/27/2019. (Attachments: #1 Subpoena issued) (JDH) Modified on 12/27/2019 (JDH).
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Filing 19
Mail Returned as undeliverable. #12 Order Directing Prisoner Payment, #13 Order sent to CHRISTOPHER MYERS at Marion County Sheriff's Office. (JDH)
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Filing 18
AMENDED COMPLAINT, filed by FRANK D RIVES, JR.(DWH)
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Filing 14
Submission of inmate accounting transactions and balances, filed by Plaintiff FRANK D RIVES, JR. (DWH)
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Filing 17
NOTICE of Lawsuit & Waiver Issued by Clerk (MAC)
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Filing 16
UNREDACTED DOCUMENT regarding #15 Exhibit - findings Report and Information. (DWH)
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Filing 15
MOTION for Court Assistance, filed by Plaintiff FRANK D RIVES, JR. (Attachments: #1 Exhibit - Grievance findings Report and Information, #2 Cover Letter)(DWH)
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Filing 13
ORDER Screening Amended Complaint, Dismissing Deficient Claim, and Directing Issuance and Service of Process. The section 1983 claims against Officers Johnny Wilson, Dennis Boyle, Christopher Myers, Mark Luther, and John Vahle are the only viable claims the Court has discerned in Mr. Rives's complaint. If Mr. Rives believes the Court has overlooked any claims or defendants, or if he believes the complaint should be allowed to proceed against the Sheriff Department, he shall have through January 10, 2019, in which to file a motion to reconsider. The Clerk is Directed pursuant to Federal Rule of Civil Procedure 4(c)(3) to issue process to defendants. Copies to Defendants sent via U.S. Mail. Signed by Judge James Patrick Hanlon on 12/9/2019.(MAC)
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Filing 12
ORDER Directing Monthly Payments be made from Prison Account of Frank E. Rives Jr. (See Order). Copies mailed to defendant's via U.S. Mail. Signed by Judge James Patrick Hanlon on 12/9/2019. (MAC)
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Filing 11
ORDER ON MOTION TO PROCEED IN FORMA PAUPERIS - Mr. Rives's motion to proceed in forma pauperis, dkt. #3 , is GRANTED. While Mr. Rives is excused from prepaying the full filing fee, he still must pay the $350.00 filing fee under the statutory formula set forth in 28 U.S.C. 1915(b) (2). See 28 U.S.C. 1915(b)(1) ("[T]he prisoner shall be required to pay the full amount of a filing fee."). Signed by Judge James Patrick Hanlon on 12/6/2019.(DWH)
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Filing 10
***PLEASE DISREGARD - DOCKETED IN ERROR - REFER TO DOCKET NO. 11*** ORDER ON MOTION TO PROCEED IN FORMA PAUPERIS - Mr. Rives's motion to proceed in forma pauperis, dkt. #3 , is GRANTED. While Mr. Rives is excused from prepaying the full filing fee, he still must pay the $350.00 filing fee under the statutory formula set forth in 28 U.S.C. 1915(b) (2). See 28 U.S.C. 1915(b)(1) ("[T]he prisoner shall be required to pay the full amount of a filing fee."). Signed by Judge James Patrick Hanlon on 12/6/2019. (DWH) Modified on 12/6/2019 (DWH).
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Filing 9
RESPONSE re #7 Entry, Submission of Certificate of Trust Account History Report, filed by Plaintiff FRANK D RIVES, JR. (DWH)
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Filing 8
Submission of documents, filed by Plaintiff FRANK D RIVES, JR. (Attachments: #1 Envelope)(DWH)
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Filing 7
ENTRY DIRECTING FURTHER PROCEEDINGS - Plaintiff's motion to proceed in forma pauperis, dkt. #3 , is DENIED as presented. Since Plaintiff is a prisoner, he must submit a certified copy of his trust fund account statement for the six-month period preceding the filing of his complaint. 28 U.S.C. 1915(a)(2). Plaintiff's motion contains a document titled "Official Notarized Certificate of Prisoner Account," but aside from his name and DOC number, it is blank. Dkt. 3. Plaintiff shall have until December 13, 2019, in which renew his motion to proceed in forma pauperis by attaching a completed copy of this document stating the transactions associated with his institution trust account for the six-month period preceding the filing of this action on November 8, 2019. See 42 U.S.C. 1915(a)(2). Otherwise, Plaintiff must pay the $400.00 filing fee. Signed by Judge James Patrick Hanlon on 11/20/2019.(JDH)
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Filing 6
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DWH)
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Filing 5
Case transferred in from District of Indiana Northern; Case Number 3:19-cv-01025. Original file copy of transfer order and docket sheet received.
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Filing 4
ORDER transferring case electronically to the Southern District of Indiana, ***Civil Case Terminated. Signed by Judge Philip P Simon on 11/14/19. (mlc) [Transferred from Indiana Northern on 11/18/2019.]
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Filing 3
MOTION for Leave to Proceed in forma pauperis by Plaintiff Frank D Rives, Jr. (nae) [Transferred from Indiana Northern on 11/18/2019.]
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Filing 2
(unsigned) PRO SE COMPLAINT against Dennis Boyle, Mark Luther, Marion County Sheriff Department, Christopher Myers, John Vahle, Johnny Wilson, filed by Frank D Rives, Jr.(nae) [Transferred from Indiana Northern on 11/18/2019.]
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Filing 1
Consent to Receipt of Documents Through Prisoner Electronic Filing Program (Miami) by Frank D Rives, Jr (nae) [Transferred from Indiana Northern on 11/18/2019.]
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