SAMPLE v. THE BARTHOLOMEW CO. COMMUNITY CORRECTION CENTER et al
Plaintiff: MICHAEL DAVID SAMPLE
Defendant: ROB GASKILL, THE INDIANA DEPT. OF CORRECTIONS, THE BARTHOLOMEW CO. COMMUNITY CORRECTION CENTER and JACOB HILL
Case Number: 1:2020cv02689
Filed: October 15, 2020
Court: US District Court for the Southern District of Indiana
Presiding Judge: Tim A Baker
Referring Judge: Sarah Evans Barker
Nature of Suit: Prisoner Petitions - Prison Condition
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 9, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 13, 2020 Opinion or Order Filing 31 ENTRY DIRECTING DEVELOPMENT OF EXHAUSTION DEFENSE AND ISSUING PARTIAL STAY - The defendants' exhaustion defense will be resolved pursuant to the following schedule. The defendants shall have through December 22, 2020, in which to either (see Entry). The failure to pursue any of these options by the above deadline constitutes an abandonment of the exhaustion defense (see Entry. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Tim A. Baker on 11/13/2020.(SWM)
November 9, 2020 Opinion or Order Filing 30 ANSWER to #1 Complaint , filed by All Defendants.(Borek, Rosemary)
October 15, 2020 Opinion or Order Filing 29 Case transferred in from Evansville Division on 10/15/2020 Case Number 3:20-cv-117. Case assigned to Judge Sarah Evans Barker and Magistrate Judge Tim A. Baker., filed by MICHAEL DAVID SAMPLE.(JRB)
October 12, 2020 Opinion or Order Filing 28 BRIEF/MEMORANDUM in Support re #27 MOTION to Transfer Case to Indianapolis Division , filed by Defendants ROB GASKILL, JACOB HILL. (Borek, Rosemary)
October 12, 2020 Opinion or Order Filing 27 MOTION to Transfer Case to Indianapolis Division, filed by Defendants ROB GASKILL, JACOB HILL. (Attachments: #1 Text of Proposed Order Order Transferring Cause to Indianapolis Division)(Borek, Rosemary)
October 5, 2020 Opinion or Order Filing 26 WAIVER OF SERVICE Returned Executed, filed by JACOB HILL, ROB GASKILL. JACOB HILL waiver sent on 9/10/2020. (Borek, Rosemary)
October 5, 2020 Opinion or Order Filing 25 WAIVER OF SERVICE Returned Executed, filed by JACOB HILL, ROB GASKILL. ROB GASKILL waiver sent on 9/10/2020. (Borek, Rosemary)
October 5, 2020 Opinion or Order Filing 24 DEMAND for Trial by Jury, filed by Defendants ROB GASKILL, JACOB HILL. (Borek, Rosemary)
October 5, 2020 Opinion or Order Filing 23 NOTICE of Appearance by Rosemary L. Borek on behalf of Defendants ROB GASKILL, JACOB HILL. (Borek, Rosemary)
October 5, 2020 Opinion or Order Filing 22 NOTICE of Appearance by James S. Stephenson on behalf of Defendants ROB GASKILL, JACOB HILL. (Stephenson, James)
September 29, 2020 Opinion or Order Filing 21 ORDER - On August 7, 2020, plaintiff Michael Sample filed a motion requesting the status of his case and a motion for copies. These motions, dkts. #16 and #17 , are granted. The Court has screened the complaint and issued service on the defendants, who have not yet appeared. The clerk is directed to send Mr. Sample a copy of the public docket for this case and a copy of dkt. 1-1. Copy sent to Plaintiff via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 9/29/2020. (Attachments: #1 Entry #1 , #2 Public Docket Sheet) (JRB)
September 16, 2020 Opinion or Order Filing 20 ORDER Directing Monthly Payments be made from Prison Account of MICHAEL DAVID SAMPLE. SEE ORDER. copy sent to parties via US Mail. Signed by Judge Richard L. Young on 9/16/2020.(JRB)
September 10, 2020 Opinion or Order Filing 19 NOTICE of Lawsuit & Waiver Issued by Clerk as to 1) Rob Gaskill; and 2) Jacob Hill. (JRB)
September 10, 2020 Opinion or Order Filing 18 ORDER SCREENING THE COMPLAINT, DISMISSING DEFICIENT CLAIMS, AND DIRECTING SERVICE OF PROCESS - Mr. Sample's Eighth Amendment claim shall proceed against Jacob Hill in his individual capacity. Mr. Sample's First Amendment retaliation and Fourteenth Amendment equal protection claims shall proceed against Robert Gaskill in his individual capacity. All other claims aredismissed. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants Jacob Hill and Rob Gaskill in the manner specified by Rule 4(d). Process shall consist of the complaint, dkt. #1 , applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of service of Summons), and this Order. The clerk is directed to terminate Bartholomew Co. Community Correction Center and Indiana Dept. of Corrections as defendants on the docket. SEE ORDER. Copy sent to parties via US Mail. Signed by Judge Richard L. Young on 9/10/2020.(JRB)
August 27, 2020 Opinion or Order Filing 17 MOTION Requesting Copies, filed by Plaintiff MICHAEL DAVID SAMPLE. (Attachments: #1 Envelope)(AAS)
August 7, 2020 Opinion or Order Filing 16 MOTION Requesting Status of Case, filed by Plaintiff MICHAEL DAVID SAMPLE. (Attachments: #1 Envelope)(JRB)
July 24, 2020 Opinion or Order Filing 15 RECEIPT #IP070101 for initial partial filing fee in the amount of $39.57, paid by Plaintiff. (REO)
July 22, 2020 Opinion or Order Filing 14 Submission of Proposed Summons, filed by Plaintiff MICHAEL DAVID SAMPLE. (Attachments: #1 Exhibit, #2 Envelope)(AAS)
July 9, 2020 Opinion or Order Filing 13 ORDER granting #2 & #10 Motion for Leave to Proceed in forma pauperis to the extent that the plaintiff is assessed an initial partial filing fee of Thirty-Nine Dollars and Fifty-Seven Cents ($39.57). See 28 U.S.C. 1915(b)(1). The plaintiff shall have through August 10, 2020, in which to pay this sum to the clerk of the district court. Copy to Plaintiff via US Mail. Signed by Judge Richard L. Young on 7/9/2020. (AAS)
July 1, 2020 Opinion or Order Filing 12 Submission of Trust Account, filed by Plaintiff MICHAEL DAVID SAMPLE. (Attachments: #1 Envelope)(JRB)
July 1, 2020 Opinion or Order Filing 11 Correspondence REQUESTING COPY of Case Document(s) re #1 Complaint, filed by Michael Sample. Copy/Copies provided via US Mail. (Attachments: #1 Envelope, #2 Entry #1 ) (JRB)
June 19, 2020 Opinion or Order Filing 10 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff MICHAEL DAVID SAMPLE. (Attachments: #1 Envelope)(JRB)
June 10, 2020 Opinion or Order Filing 9 Docket #5 resent to Plaintiff MICHAEL DAVID SAMPLE at WABASH VALLEY CORRECTIONAL FACILITY based on most recent NOTICE OF CHANGE OF ADDRESS at Dkt. 7 . (TMC)
June 5, 2020 Opinion or Order Filing 8 Mail Returned as undeliverable. #5 Notice of Deficiency sent to MICHAEL DAVID SAMPLE 134260 Branchville Correctional Facility 21390 Old State Rd. 37 Branchville, IN 47514. Return to sender - offender no longer at this facility. (TMC)
June 3, 2020 Opinion or Order Filing 7 Address updated for Plaintiff MICHAEL DAVID SAMPLE from BRANCHVILLE CORRECTIONAL FACILITY to Wabash Valley Level 1 Facility based on IDOC website. Dkt. #4 resent to MICHAEL DAVID SAMPLE at Wabash Valley Level 1 Facility. (TMC)
June 1, 2020 Opinion or Order Filing 6 Mail Returned as undeliverable. #4 Notice to Pro se Litigant sent to MICHAEL DAVID SAMPLE at Branchville Correctional Facility, 21390 Old State Road 37, Branchville, IN 47514. Envelope marked return to sender. (LBT)
May 27, 2020 Opinion or Order Filing 5 NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through June 24, 2020, in which to correct the deficiencies as follows: Your motion to proceed in forma pauperis cannot be ruled on because you have not submitted a copy of the transaction history associated with your institution trust account for the 6-month period preceding the filing of this action. Copy to plaintiff by US Mail. (MEH)
May 20, 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. Copy distributed to Plaintiff via US mail. (TMC)
May 19, 2020 Opinion or Order Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB)
May 15, 2020 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff MICHAEL DAVID SAMPLE. (Attachments: #1 Envelope)(JRB)
May 15, 2020 Opinion or Order Filing 1 COMPLAINT against ROB GASKILL, JACOB HILL, THE BARTHOLOMEW CO. COMMUNITY CORRECTION CENTER, THE INDIANA DEPT. OF CORRECTIONS, filed by MICHAEL DAVID SAMPLE. (No fee paid with this filing) (Attachments: #1 Exhibit, #2 Envelope)(JRB)

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Defendant: ROB GASKILL
Represented By: James S. Stephenson
Represented By: Rosemary L. Borek
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Defendant: THE INDIANA DEPT. OF CORRECTIONS
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Defendant: THE BARTHOLOMEW CO. COMMUNITY CORRECTION CENTER
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Defendant: JACOB HILL
Represented By: James S. Stephenson
Represented By: Rosemary L. Borek
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Plaintiff: MICHAEL DAVID SAMPLE
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