HOWARD v. ZATECKY et al
Plaintiff: DAVID HOWARD
Defendant: DUSHAN ZATECKY, JOHNATHAN JACKSON, JASON ERNEST, MICHELLE BILLITER, TIM DINKINS, DENNIS REAGLE, CURTIS BYNUM and DUANE ALSIP
Case Number: 1:2020cv01734
Filed: June 25, 2020
Court: US District Court for the Southern District of Indiana
Office: Indianapolis Office
Presiding Judge: James Patrick Hanlon
Referring Judge: Debra McVicker Lynch
Nature of Suit: Prisoner Petitions - Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 2, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 20, 2020 Opinion or Order Filing 10 Documents to be Sent via Electronic Notice TO: 1) Officer Michelle Billiter, 2) Sgt. Johnathan Jackson, 3) Sgt. Tim Dinkins, 4) Lt. Curtis Bynum, and 5) Lt. Jason Ernest - re #2 Complaint, #8 Entry, #9 NOTICE of Lawsuit & Waiver Issued by Clerk Electronic Notice to IDOC. (DWH)
August 20, 2020 Opinion or Order Filing 9 NOTICE of Lawsuit & Waiver Issued by Clerk TO: 1) Officer Michelle Billiter, 2) Sgt. Johnathan Jackson, 3) Sgt. Tim Dinkins, 4) Lt. Curtis Bynum, and 5) Lt. Jason Ernest. (DWH)
August 20, 2020 Opinion or Order Filing 8 ENTRY SCREENING COMPLAINT, DISMISSING INSUFFICIENT CLAIMS, AND DIRECTING ISSUANCE AND SERVICE OF PROCESS - Mr. Howard's claim that he was denied access to the courts by Officer Billiter, Sgt. Jackson, Sgt. Dinkins, Lt. Bynum, and Lt. Ernest, in violation of the First Amendment, shall proceed. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants Officer Michelle Billiter, Sgt. Johnathan Jackson, Sgt. Tim Dinkins, Lt. Curtis Bynum, and Lt. Jason Ernest in the manner specified by Rule 4(d). Process shall consist of the complaint filed on June 25, 2020 (docket 2), 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 from the docket defendants Warden Dushan Zatecky, Assistant Warden Duane Alsip, and Assistant Deputy Warden Dennis Reagle (SEE ENTRY FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 8/20/2020. (DWH)
August 6, 2020 Opinion or Order Filing 7 ENTRY GRANTING MOTION TO PROCEED IN FORMA PAUPERIS - The plaintiffs motion to proceed in forma pauperis, dkt. #6 , is granted. 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. 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 Court will screen the complaint in accordance with 28 U.S.C. 1915A in a separate, future Entry. Signed by Judge James Patrick Hanlon on 8/6/2020. (DWH)
July 8, 2020 Opinion or Order Filing 6 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff DAVID HOWARD. (Attachments: #1 Exhibit - Offender Transaction History Inquiry)(DWH)
July 1, 2020 Opinion or Order Filing 5 NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through August 3, 2020, in which to correct the deficiencies as follows: You must either pay the $400.00 filing fee for this action or demonstrate that you lack the financial ability to do so by filing a motion for leave to proceed without the prepayment of the filing fee (in forma pauperis). (Attachments: #1 Motion To Proceed In Forma Pauperis) (JRT)
June 29, 2020 Opinion or Order Filing 4 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. (TMC)
June 26, 2020 Opinion or Order Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO)
June 25, 2020 Opinion or Order Filing 2 COMPLAINT against DUANE ALSIP, MICHELLE BILLITER, CURTIS BYNUM, TIM DINKINS, JASON ERNEST, JOHNATHAN JACKSON, DENNIS REAGLE, DUSHAN ZATECKY, filed by DAVID HOWARD. (No fee paid with this filing) (Attachments: #1 Cover Letter)(REO)
June 25, 2020 Opinion or Order Filing 1 CONSENT to Prisoner E-Service by DAVID HOWARD located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by DAVID HOWARD 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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Defendant: DUSHAN ZATECKY
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Defendant: JOHNATHAN JACKSON
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Defendant: JASON ERNEST
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Defendant: MICHELLE BILLITER
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Defendant: TIM DINKINS
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Defendant: DENNIS REAGLE
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Defendant: CURTIS BYNUM
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Defendant: DUANE ALSIP
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Plaintiff: DAVID HOWARD
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