GRIFFIN v. CARTER et al
| VIRGIL GRIFFIN |
| ROBERT CARTER, DENNIS REAGLE, VEKOR, WILLARD, HOUCHINS and VCKOV |
| 1:2021cv00531 |
| March 5, 2021 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 26 MOTION for Reconsideration of part re #25 Order on Motion to withdraw, filed by Plaintiff VIRGIL GRIFFIN. (MAC) |
Filing 25
ORDER - Plaintiff Virgil Griffin's April 26, 2021, motion to disregard his earlier motion to withdraw his complaint, dkt. #24 , is denied as moot. The motion to withdraw the complaint, dkt. 22, was denied without prejudice on April 22, 2021. The instant motion confirms Mr. Griffin's intention to proceed with his lawsuit. Signed by Judge Jane Magnus-Stinson on 4/27/2021. (JDC)
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| Filing 24 MOTION to Disregard as moot Motion to Withdraw dkt. #22 , filed by Plaintiff VIRGIL GRIFFIN. (JDC) |
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Filing 23
ORDER Denying Without Prejudice Plaintiff's Motion to Withdraw his Complaint. The Court denies without prejudice the motion to withdraw the complaint, dkt. #22 . If after reviewing the screening order Mr. Griffin is still intent on withdrawing his complaint (the equivalent of dismissing an action), he may file another motion to voluntarily dismiss this action. If filed prior to a defendant filing an answer, the motion will be granted without prejudice. (See Order). Signed by Judge Jane Magnus-Stinson on 4/22/2021. (MAC)
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| Filing 22 MOTION to Withdraw #1 Complaint without prejudice, filed by Plaintiff VIRGIL GRIFFIN. (MAC) |
| Filing 21 Documents to be Sent via Electronic Notice - re #20 NOTICE of Lawsuit & Waiver Issued by Clerk, #19 Order, #1 Complaint Electronic Notice to IDOC. (MAC) |
| Filing 20 NOTICE of Lawsuit & Waiver Issued by Clerk to 1) Robert Carter; 2) Dennis Reagle; 3) Investigator Houchins; 4) Investigator Willard; 5) Counselor Vckov. (MAC) |
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Filing 19
ORDER Screening Complaint and Directing Issuance and Service of Process. The clerk is directed pursuant to Federal Rule of Civil Procedure 4(c)(3) to issue process to the defendants Robert Carter, Dennis Reagle, Investigator Houchins, Investigator Willard, and Counselor Vckov 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 authorized to serve the process electronically. The Court has screened Mr. Griffin's complaint and directed that First Amendment retaliation claims shall proceed against defendants Robert Carter, Dennis Reagle, and Counselor VcKov, and Eighth Amendment claims shall proceed against all five named defendants. Signed by Judge Jane Magnus-Stinson on 4/19/2021. Copy to Plaintiff via U.S. Mail. Electronic Notice to Defendants (MAC)
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| Filing 17 RECEIPT #IP073470 for initial partial filing fee in the amount of $5.10, paid by Plaintiff. (REO) |
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Filing 16
ORDER Denying Motion for Determination. Mr. Griffin has until April 26, 2021, in which to pay the initial partial filing fee, and the Court held that he could seek an extension of the payment deadline if he was still unable to pay the fee by that deadline. Dkt. #14 . If Mr. Griffin wishes for the Court to re-evaluate his initial partial filing fee, he should file a motion to reconsider that is documented with an inmate trust account financial transaction report for the six-month period of October 5, 2020, through March 5, 2021. Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 4/12/2021. (MAC)
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| Filing 18 CONSENT to Prisoner E-Service by VIRGIL GRIFFIN located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by VIRGIL GRIFFIN 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. (DWH) |
| Filing 15 MOTION for Determination, filed by Plaintiff VIRGIL GRIFFIN. (MAC) |
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Filing 14
ORDER Denying Motion to Waive Initial Partial Filing Fee and Granting Motion to Correct Defendant's Name. The plaintiff's motion to waive the $5.10 initial partial filing fee assessed on March 22, 2021, dkt. #12 , is denied. If the plaintiff does not have sufficient funds to pay the initial partial filing fee by April 26, 2021, he may seek additional time in which to pay the fee. The plaintiff's motion to correct the name of a defendant, dkt. #13 , is granted. The clerk is directed to modify the docket to change the defendant name from "VEKOR" to "VCKOV.". Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 3/31/2021. (MAC)
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| Filing 13 MOTION to Clarify Defendant's Name, filed by Plaintiff VIRGIL GRIFFIN. (MAC) |
| Filing 12 MOTION (Amended) for Leave to Proceed in forma pauperis, filed by Plaintiff VIRGIL GRIFFIN. (MAC) |
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Filing 11
ORDER - On March 18, 2021, the plaintiff filed a motion to withdraw the complaint in this action because the plaintiff intended it to be filed as an exhibit to the complaint he filed in case number 1:21-531-JMS-TAB. Dkt. 7. The complaint filed in this action is captioned for the Madison County Superior Court in Madison County, Indiana, and raises state tort law claims the plaintiff intends to pursue after he exhausts the state tort claim notice requirements. The plaintiff's motion, dkt. #7 , is granted. The clerk is directed to close this action and to file the plaintiff's complaint, dkt. #1 , and this Order in case number 1:21-531-JMS-TAB. The complaint in this action should be filed as an exhibit to the complaint in case number 1:21-531-JMS-TAB, as the plaintiff intended. No final judgment is required under these circumstances. Signed by Judge Sarah Evans Barker on 3/23/2021. Copy Mailed Via U.S. Mail (CKM)
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| Filing 10 EXHIBIT re #1 Complaint by VIRGIL GRIFFIN. (CKM) |
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Filing 9
ORDER granting Plaintiff's #7 Motion for Leave to Proceed in forma pauperis to the extent that the plaintiff is assessed an initial partial filing fee of five dollars and ten cents ($5.10). See 28 U.S.C. 1915(b)(1) (A). The plaintiff shall have through April 26, 2021, in which to pay this sum to the clerk of the district court. The plaintiff is informed that after the initial partial filing fee is paid, he will be obligated to make monthly payments of 20 percent of the preceding month's income each month that the amount in his account exceeds $10.00, until the full filing fee of $350.00 is paid. 28 U.S.C. 1915(b)(2). After the initial partial filing fee is received, a collection order will be issued to the plaintiff and the plaintiff's custodian, and the Court will screen the complaint in accordance with 28 U.S.C. 1915A. Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 3/22/2021. (MAC)
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| Filing 8 AFFIDAVIT in Support of Motion re #7 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff VIRGIL GRIFFIN. (Attachments: #1 Trust Account Information). (MAC) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff VIRGIL GRIFFIN. (MAC) |
| Filing 6 Submission of Unsigned Consent to Magistrate Judge Form, filed by Plaintiff VIRGIL GRIFFIN. (MAC) |
| Filing 5 NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through April 16, 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) |
| 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) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 2 BRIEF/MEMORANDUM in Support, re #1 Complaint, filed by Plaintiff VIRGIL GRIFFIN. (REO) |
| Filing 1 COMPLAINT against ROBERT CARTER, HOUCHINS, DENNIS REAGLE, VEKOR, WILLARD, filed by VIRGIL GRIFFIN. (No fee paid with this filing) (Attachments: #1 Exhibit - Grievance documents)(REO) |
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