JOHNSON v. PURDUE et al
| KEVIN JOHNSON |
| ROBERT CARTER, NORTHCUTT, D. INGALLS, EASTER-ROSE, WEXFORD OF INDIANA L.C.C, JOHN PURDUE, DUSHAN ZATECKY and NOLL |
| 1:2021cv00201 |
| January 25, 2021 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 14
ORDER denying #13 Motion to proceed on equity action. For the same reasons his motion for simultaneous proceeding on habeas corpus was denied. As the Court has previously explained, the only way to challenge his conviction and seek release from custody is through a petition for a writ of habeas corpus. Regardless of how Mr. Johnson labels his filing or the relief he requests, if his motion amounts to a request for release from custody, such relief must be sought through a petition for a writ of habeas corpus. Finally, the Court notes that Mr. Johnson still has not paid the filing fee or shown that he is entitled to proceed in forma pauperis as directed. He has been given through April 5, 2021, to do so. If he fails to do so, this action will be dismissed. (Copy to Plaintiff via U.S. mail). Signed by Judge Jane Magnus-Stinson on 3/24/2021. (JDC)
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Filing 13
MOTION to Proceed on Equity Action, filed by Plaintiff KEVIN JOHNSON. (MAC)
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Filing 12
ORDER denying Plaintiff's #11 Motion for leave to proceed in this civil rights case with habeas corpus claims against his custodian. The Court notes that the claims in this case were severed from those in Johnson v. Carter, et al., 2:20-cv-602-JRS-MJD. Dkt. 2. The claims in this case are Mr. Johnson's claims that he has received inadequate mental health and dental care. Id. He was given through March 4, 2021, to pay the $402.00 filing fee for this action or seek leave to proceed without pre-paying the filing fee. Mr. Johnson has not yet done so. He shall have through April 5, 2021, to pay the filing fee to seek leave to proceed in forma pauperis. The failure to do so will result in the dismissal of this action without further warning. (See Order). Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 3/4/2021. (MAC)
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Filing 11
MOTION for Simultaneous Proceeding on Habeas Corpus, filed by Plaintiff KEVIN JOHNSON. (MAC)
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Filing 10
ORDER Denying Motion to Declare Void and Relief from Judgment and Motion for Oral Argument. The motion, dkt. #8 , is denied because release from imprisonment is not the type of relief that is available in a civil rights case. Preiser v. Rodriguez, 411 U.S. 475, 499 (1973) ("[W]hen a state prisoner is challenging the very fact or duration of his physical imprisonment, and the relief he seeks is a determination that he is entitled to immediate release or a speedier release from that imprisonment, his sole federal remedy is a writ of habeas corpus."). The motion for oral argument, dkt. #6 , is denied because oral argument on this motion is unnecessary. Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 2/19/2021. (MAC)
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Filing 9
BRIEF in Support re #8 MOTION to declare void and relief from judgments of convictions or for TRO/PI, filed by Plaintiff KEVIN JOHNSON. (CBU)
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Filing 8
MOTION to declare void and relief from judgments of conviction or for Temporary Restraining Order/Preliminary Injunction, filed by Plaintiff KEVIN JOHNSON. (CBU)
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Filing 7
BRIEF in Support re #6 MOTION for Oral Argument, filed by Plaintiff KEVIN JOHNSON. (CBU)
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Filing 6
MOTION for oral argument or evidentiary hearing, filed by Plaintiff KEVIN JOHNSON. (CBU)
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Filing 5
NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through March 4, 2021, in which to correct the deficiencies as follows: You must either pay the $402.00 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). (Copy sent to plaintiff via US Mail) (JRT)
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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)
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Filing 3
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (KAA)
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Filing 2
Entry Severing Claims into Separate Action - The claims related to mental health and dental care are severed from the original complaint. To effectuate this ruling, a new civil action from the Indianapolis Division shall be opened, consistent with the following: See Order and 2:20-cv-602-JRS-MJD. Copy to Plaintiff via US Mail. Signed by Judge James R. Sweeney II on 1/25/2021.(KAA)
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Filing 1
COMPLAINT against ROBERT CARTER, EASTER-ROSE, D. INGALLS, NOLL, NORTHCUTT, JOHN PURDUE, WEXFORD OF INDIANA L.C.C, DUSHAN ZATECKY, filed by KEVIN JOHNSON. (No fee paid with this filing) (Attachments: #1 Affidavit in support of Complaint)(KAA)
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