JACKSON v. INDIANA DEPARTMENT OF CORRECTIONS et al
| JOSHUA JACKSON |
| HANDLEY, SEVERE, DAUSS, BRIAN BERTSCH, JOANNA PRIMEAU, JERRELLS, RICHARD BROWN, ELLEN KERIS, TERRELL, VICKI BERDINE, AMY EWLES, RINEHART, G.E.O. GROUP, INDIANA DEPARTMENT OF CORRECTIONS, WEXFORD HEALTH INC., ROBERT E. CARTER, JR., YUSEF CANAAN, CRYSTAL MEHTA and JACKSON |
| 1:2021cv00851 |
| April 6, 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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This docket was last retrieved on May 28, 2021. A more recent docket listing may be available from PACER.
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| Filing 27 Documents to be Sent via Electronic Notice - re #25 Order on Motion for Reconsideration, #26 NOTICE of Lawsuit & Waiver Issued by Clerk, #18 Amended Complaint. Electronic Notice to IDOC and Wexford. (MAC) |
| Filing 26 NOTICE of Lawsuit & Waiver Issued by Clerk to: 1) Dr. Keris; 2) Dr. Dauss; 3) Dr. Primeau; 4) Dr. Canaan; 5) Dr. Mehta; 6) Dr. Bertsch; 7) Ms. Ewers; 8) Ms. Rinehart; 9) Dr. Handley; 10) Ms. Jerrells; 11) Mr. Severe; 12) Mr. Jackson; 13) Mr. Terrell; 14) Mr. Brown; 15) Mr. Carter; 15) Wexford. (MAC) |
Filing 25
ORDER Screening Amended Complaint, Severing Misjoined Claims, and Directing Further Proceedings. This summary of claims includes all of the viable claims identified by the Court. If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through June 27, 2021, in which to identify those claims. Consistent with the screening set forth above, Mr. Jackson's motion for reconsideration of dismissed claims, dkt. #13 , is granted. The clerk shall terminate Indiana Department of Correction and GEO Group, Inc. as defendants. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to the defendants in the manner specified by Rule 4(d). Process shall consist of the amended complaint, dkt. #18 , applicable forms (Notice of Lawsuit and Request for Wavier of Service of Summons and Waiver of Service of Summons), and this Order. (See Order). Copies sent via U.S. Mail according to distribution in this Entry and be electronic means to IDOC and Wexford. Signed by Judge Jane Magnus-Stinson on 5/28/2021. (MAC)
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| Filing 28 SECOND MOTION (Emergency) for Court Assistance, filed by Plaintiff JOSHUA JACKSON. (Attachments: #1 Envelope). (MAC) |
| Filing 24 MOTION (Supplemental Emergency) for Court Assistance, filed by Plaintiff JOSHUA JACKSON. (Attachments: #1 Envelope). (MAC) |
| Filing 23 MOTION (Emergency) for Court Assistance, filed by Plaintiff JOSHUA JACKSON. (Attachments: #1 Exhibits, #2 Envelope). (MAC) |
| Filing 22 DECLARATION of Joshua Jackson re #20 Motion to Show Cause and Temporary Restraining Order by JOSHUA JACKSON. (Attachments: #1 Exhibits, #2 Envelope). (MAC) |
| Filing 21 BRIEF/MEMORANDUM in Support re #20 MOTION to Show Cause and Temporary Restraining Order, filed by Plaintiff JOSHUA JACKSON. (Attachments: #1 Envelope). (MAC) |
| Filing 20 MOTION to Show Cause and Temporary Restraining Order, filed by Plaintiff JOSHUA JACKSON. (Attachments: #1 Envelope). (MAC) |
| Filing 19 Correspondence REQUESTING COPY of Case Docket Sheet, filed by Joshua Jackson. Copy/Copies provided via US Mail. (Attachments: #1 Envelope). (MAC) |
| Filing 18 AMENDED COMPLAINT against All Defendants, filed by JOSHUA JACKSON. (Attachments: #1 Exhibits, #2 Envelope). (MAC) |
| Filing 17 MOTION for Filing Fee Balance and request for copy of docket sheet., filed by Plaintiff JOSHUA JACKSON. Copy of docket sheet sent to Plaintiff via U.S. Mail. (Attachments: #1 Exhibit Trust Account, #2 Envelope). (MAC) |
| Filing 16 RECEIPT #IP073747 for filing fee in the amount of $400.00, paid by Plaintiff. (REO) |
| Filing 15 MOTION to Pay full filing fee, filed by Plaintiff JOSHUA JACKSON. (Attachments: #1 Envelope). (MAC) |
| Filing 14 MOTION for Court Assistance and Request for Copy of Docket Sheet, filed by Plaintiff JOSHUA JACKSON. Copy of Docket Sheet sent to Plaintiff via U.S. Mail (Attachments: #1 Envelope). (MAC) |
| Filing 13 MOTION for Reconsideration re #5 Order on Motion and screening Complaint, filed by Plaintiff JOSHUA JACKSON. (Attachments: #1 Envelope). (MAC) |
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Filing 12
ORDER granting #10 Motion for Extension of Time to File to pay the full filing fee for this action. If he does so, the Court will screen the complaint pursuant to 28 U.S.C. 1915A., and granting #11 Motion for copies. The clerk shall include a copy of the docket and the complaint, dkt. #1 , with his copy of this Order. (Copy to Plaintiff via U.S. mail) Signed by Judge Jane Magnus-Stinson on 4/27/2021. (JDC)
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| Filing 10 MOTION for Extension of Time to file Amended Complaint and Pay Filing Fee, filed by Plaintiff JOSHUA JACKSON. (Attachments: #1 Exhibit, #2 Envelope)(JDC) |
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Filing 9
Order on Motion to Proceed In Forma Pauperis - The plaintiff's motion to proceed in forma pauperis, dkt. #7 , is granted to the extent consistent with the Order of April 15, 2021, that the plaintiff may be able to proceed in forma pauperis on his claims that he has not received adequate medical care for his COVID-19 symptoms. The plaintiff is assessed an initial partial filing fee of Three Dollars and Thirty-One Cents ($3.31) See 28 U.S.C. 1915 (b)(1). The plaintiff shall have through May 27, 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 4/26/2021. (JDC)
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| Filing 11 MOTION Requesting Copies, filed by Plaintiff JOSHUA JACKSON. (Attachments: #1 Envelope)(JDC) |
| Filing 8 Correspondence REQUESTING COPY of Case Docket Sheet, filed by Joshua Jackson. Copy/Copies provided via US Mail. (Attachments: #1 Envelope). (MAC) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff JOSHUA JACKSON. (Attachments: #1 Exhibits Account Information, #2 Envelope). (MAC) |
| Filing 6 CONSENT to Jurisdiction to US Magistrate Judge by JOSHUA JACKSON. (Attachments: #1 Envelope). (MAC) |
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Filing 5
ORDER granting in part and denying in part #2 Motion for screening. He may be able to pursue a claim that he has not received adequate treatment for his COVID-19 symptoms. Mr. Jackson shall have through May 13, 2021, to file an amended complaint regarding this claim. In filing an amended complaint, he shall conform to the following guidelines: (a) the amended complaint shall comply with the requirement of Rule 8(a)(2) of the Federal Rules of Civil Procedure that pleadings contain "a short and plain statement of the claim showing that the pleader is entitled to relief....," which is sufficient to provide the defendant with "fair notice" of the claim and its basis. Erickson v. Pardus, 551 U.S. 89, 93 (2007) (per curiam) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) and quoting Fed. R. Civ. P. 8(a) (2)); (b) the amended complaint must include a demand for the relief sought; (c) the amended complaint must identify what legal injury the plaintiff claims to have suffered and what persons are responsible for each such legal injury; and (d) the amended complaint must include the case number referenced in the caption of this Order. Further, the Court notes that while Mr. Jackson may be able to proceed on this claim despite the fact that he has accumulated three strikes under the imminent danger exception to 1915 (g), he still must show that he is entitled to proceed in forma pauperis. He therefore shall have through May 13, 2021, to file a motion to proceed in forma pauperis. His request must be accompanied by a copy of the transactions associated with his institution trust account for the 6-month period preceding the filing of this action on April 6, 2021. 28 U.S.C. 1915(a)(2). (Copy to Plaintiff via U.S. mail) Signed by Judge Jane Magnus-Stinson on 4/15/2021. (JDC)
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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) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 2 MOTION for Screening under Imminent danger, filed by Plaintiff JOSHUA JACKSON. (Attachments: #1 Envelope)(REO) |
| Filing 1 COMPLAINT against VICKI BERDINE, BRIAN BERTSCH, RICHARD BROWN, YUSEF CANAAN, ROBERT E. CARTER, JR, DAUSS, AMY EWLES, G.E.O. GROUP, HANDLEY, INDIANA DEPARTMENT OF CORRECTIONS, JACKSON, JERRELLS, ELLEN KERIS, CRYSTAL MEHTA, JOANNA PRIMEAU, RINEHART, SEVERE, TERRELL, WEXFORD HEALTH INC., filed by JOSHUA JACKSON. (No fee paid with this filing) (Attachments: #1 Exhibit list, #2 Exhibit A - Appeal of Treatment Review Committee Decision, #3 Exhibit B - Offender Grievance dated 10/31/2020, #4 Exhibit C - Receipt - administrative remedy, #5 Exhibit D - Offender Grievance dated 2/11/2021, #6 Exhibit E - Receipt - administrative Remedy dated 2/24/2021, #7 Exhibit F - Report of Classification Hearing, #8 Exhibit G - Report ofr Treatment Review Committee Hearing dated 9/30/2020, #9 Exhibit H - Offender Evaluation and Performance Report, #10 Exhibit I - Offender Information System Conduct Summary, #11 Exhibit J - Request for health Care, #12 Exhibit K - Report of Classification Hearing, #13 Exhibit L - IDOC Reequest for Interview dated 1/24/2021, #14 Exhibit M - Memo dated 1/27/2021, #15 Exhibit N - IDOC Request for Interview, #16 Exhibit O - Report of Classification Hearing dated 2/9/2021, #17 Exhibit P - Report of Classification Hearing dated 2/12/2021, #18 Exhibit Q - Report of Classification Hearing dated 2/12/2021)(REO) (Additional attachment(s) added on 4/7/2021: #19 Envelope) (REO). |
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