SMITH v. ARAMARK CORPORATION et al
| JOHN D. SMITH |
| TODD NEAL, DUSHAN ZATECKY, VONCA BOULWARE, MARYANNE WILKINSON, ARAMARK CORPORATION, WADE KENT, TYLEAH ROBERTS, BRANDON MILLER, DALTON ALBRECHT, ANDRIA MOZAL and DUANE ALSIP |
| 1:2020cv00393 |
| February 4, 2020 |
| US District Court for the Southern District of Indiana |
| James Patrick Hanlon |
| Debra McVicker Lynch |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Filing 11 RESPONSE to #8 Entry, #10 Documents for Service by IDOC, filed by Plaintiff JOHN D. SMITH. (JDH) |
| Filing 10 Documents for Service by IDOC - re #2 Complaint, #8 Entry, #9 NOTICE of Lawsuit & Waiver Issued by Clerk. (CKM) |
| Filing 9 NOTICE of Lawsuit & Waiver Issued by Clerk. (CKM) |
| Filing 8 ENTRY - Screening the Complaint, Dismissing Insufficient Claims, and Directing Further Proceedings; Mr. Smiths Eighth Amendment conditions of confinement claims shall proceed against Aramark Corporation, Brandon Miller, Todd Neal, Andria Mozal, Tyleah Roberts, MaryAnne Wilkinson, Vonca Boulware, and Wade Kent. His Eighth Amendment conditions of confinement claims against Warden Dushan Zatecky and Assistant Warden Duane Alsip are dismissed. Mr. Smiths First Amendment retaliation claims against Brandon Miller and Dalton Albreckt shall proceed. His First Amendment retaliation claim against Tyleah Roberts is dismissed. These are the viable claims identified by the Court. If Mr. Smith believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through April 20, 2020, in which to identify those claims. The clerk is directed to terminate Dushan Zatecky and Duane Alsip as defendants on the docket. The clerk is directed, pursuant to Federal Rule of Civil Procedure 4(c), to issue process to the following defendants: (1) Aramark Corporation; (2) Brandon Miller; (3) Todd Neal; (4) Andria Mozal; (5) Tyleah Roberts; (6) MaryAnne Wilkinson; (7) Vonca Boulware; (8) Wade Kent; and (9) Dalton Albrecht. Process shall consist of the complaint filed February 4, 2020, dkt. #2 , applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. Signed by Judge James Patrick Hanlon on 3/23/2020. Copies Mailed.(CKM) |
| Filing 7 CONSENT to Jurisdiction to US Magistrate Judge by JOHN D. SMITH. (JDH) |
Filing 6
ORDER granting Plaintiff's #3 Motion for Leave to Proceed in forma pauperis. 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 James Patrick Hanlon on 2/10/2020. (MAC)
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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) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff JOHN D. SMITH. (Attachments: #1 Exhibit - Certificate of Prisoner Account and History)(REO) |
| Filing 2 COMPLAINT against DALTON ALBRECHT, DUANE ALSIP, ARAMARK CORPORATION, VONCA BOULWARE, WADE KENT, BRANDON MILLER, ANDRIA MOZAL, TODD NEAL, TYLEAH ROBERTS, MARYANNE WILKINSON, DUSHAN ZATECKY, filed by JOHN D. SMITH. (No fee paid with this filing) (REO) |
| Filing 1 CONSENT to Prisoner E-Service by JOHN D. SMITH located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by JOHN D. SMITH 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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