PEACHER v. REAGLE et al
| R. PEACHER |
| D. REAGLE, D. ALSIP, JACKSON, VEKOV, MARADOS, WILLIAMS, D. DAVIS and INDIANA DEPARTMENT OF CORRECTION |
| 1:2021cv02361 |
| August 31, 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 April 5, 2022. A more recent docket listing may be available from PACER.
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Filing 28
MOTION for Injunction on behalf of Robert Peacher submitted by a Concerned IDOC Officer. (MAC) (Additional attachment(s) added on 10/29/2021: #1 Envelope) (MAC).
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Filing 27
WAIVER OF SERVICE Returned Executed, filed by MARADOS, WILLIAMS, JACKSON. MARADOS waiver sent on 9/1/2021; WILLIAMS waiver sent on 9/1/2021; JACKSON waiver sent on 9/1/2021. (Blackburn, Eliot)
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Filing 26
MOTION to Maintain Document Under Seal #25 SEALED Document (Case Participants - doc), #24 SEALED Document (Case Participants - doc) , filed by Defendants INDIANA DEPARTMENT OF CORRECTION, JACKSON, MARADOS, WILLIAMS. (Attachments: #1 Text of Proposed Order Granting Motion to Maintain Exhibits Under Seal)(Blackburn, Eliot)
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Filing 25
SEALED Ex C-Relevant Medical Record, re #23 Response in Opposition to Motion, filed by Defendants INDIANA DEPARTMENT OF CORRECTION, JACKSON, MARADOS, WILLIAMS. (Blackburn, Eliot)
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Filing 24
SEALED Ex B-Declaration of Michelle Rains, re #23 Response in Opposition to Motion, filed by Defendants INDIANA DEPARTMENT OF CORRECTION, JACKSON, MARADOS, WILLIAMS. (Blackburn, Eliot)
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Filing 23
RESPONSE in Opposition re #4 MOTION for Preliminary Injunction , filed by Defendants INDIANA DEPARTMENT OF CORRECTION, JACKSON, MARADOS, WILLIAMS. (Attachments: #1 Exhibit A Declaration of Dennis Reagle, #2 Exhibit Placeholder B Declaration of Michelle Rains, #3 Exhibit Placeholder C Plaintiff's Relevant Medical Order, #4 Exhibit D Plaintiff's Location History)(Blackburn, Eliot)
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Filing 22
ORDER Granting Motion to Sever. On September 22, 2021, Mr. Peacher filed a motion to sever his remaining claims into four separate actions. He also filed four amended complaints and four motions for preliminary injunction. The motion to sever, dkt. #20 , is granted. The clerk is directed to create four new actions in the Indianapolis Division. In this action, the clerk is directed to terminate the four motions for preliminary injunction filed on September 22, 2021, - dkts. #16 , #17 , #18 , and #19 . The plaintiffs shall have through October 25, 2021, to either pay the $402 filing fee in each severed case or move for leave to proceed in forma pauperis in each case. If proceeding in forma pauperis, each plaintiff must file a separate motion, and each will be individually responsible for a full filing fee in each case. (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 9/24/2021. (MAC)
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Filing 21
ORDER Granting Motion to Clarify and Amending Briefing Schedule for Motion for Preliminary Injunction. The Court clarifies that the defendants' response to the motion for preliminary injunction was due September 22, 2021. That deadline has passed. On its own motion, the Court amends the briefing schedule. The defendants shall have through September 27, 2021, to respond to the motion for preliminary injunction. Mr. Peacher shall have through October 15, 2021, to file a reply. Signed by Judge Jane Magnus-Stinson on 9/23/2021. (MAC)
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Filing 20
MOTION to Sever Remaining Claims, Dismiss Defendant VeKov, Amend Defendants Boldman and Pflieger and Amend Plaintiffs Perry Sr., Poindexter and Smith, filed by Plaintiff R. PEACHER. (Attachments: #1 Notice and Acknowledgement of Multiple Plaintiff Lawsuits, #2 Consents to E-Service, #3 Amended Complaint No. 1, #4 Amended Complaint No. 2, #5 Amended Complaint No. 3, #6 Amended Complaint No. 4). (MAC)
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Filing 19
MOTION (Emergency) for Preliminary Injunction, filed by Plaintiff R. PEACHER. (Attachments: #1 Consents for E-Service). (MAC) Modified on 9/23/2021 (MAC).
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Filing 18
MOTION (Emergency) for Preliminary Injunction, filed by Plaintiff R. PEACHER. (Attachments: #1 Consents to E-Service). (MAC)
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Filing 17
MOTION (Emergency) for Preliminary Injunction, filed by Plaintiff R. PEACHER. (Attachments: #1 Consents to E-Service). (MAC)
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Filing 16
MOTION (Emergency) for Preliminary Injunction, filed by Plaintiff R. PEACHER. (MAC)
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Filing 15
MOTION to Clarify Response Date for Preliminary Injunction, filed by Defendants D. ALSIP, INDIANA DEPARTMENT OF CORRECTION, JACKSON, MARADOS, D. REAGLE, WILLIAMS. (Blackburn, Eliot)
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Filing 14
NOTICE of Appearance by Eliot Blackburn on behalf of Defendants D. ALSIP, INDIANA DEPARTMENT OF CORRECTION, JACKSON, MARADOS, D. REAGLE, WILLIAMS. (Blackburn, Eliot)
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Filing 13
ORDER granting Plaintiff's #3 Motion for Leave to Proceed in forma pauperis; granting #12 Motion for Leave to Proceed in forma pauperis. Although the plaintiff is excused from pre-paying the full filing fee, he still must pay the three hundred and fifty dollar ($350.00) filing fee pursuant to the statutory formula set forth in 28 U.S.C. 1915(b)(2) when able. See 28 U.S.C. 1915(b)(1) ("the prisoner shall be required to pay the full amount of a filing fee."). 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. Signed by Judge Jane Magnus-Stinson on 9/21/2021. (MAC)
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Filing 12
(Second) MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff R. PEACHER. (Attachments: #1 Exhibit Account Information). (MAC)
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Filing 11
NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through October 8, 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). (Attachments: #1 Motion For Leave to Proceed In Forma Pauperis) (JRT)
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Filing 10
ORDER SETTING BRIEFING SCHEDULE - The Court now orders the following briefing schedule regarding Plaintiff's motion for preliminary injunction [Filing No. #4 ]: (1) Defendants shall file a response to this motion by September 22, 2022; and (2) Plaintiff shall file any reply by October 12, 2022. Signed by Magistrate Judge Tim A. Baker on 9/1/2021.(SWM)
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Filing 9
Documents to be Sent via Electronic Notice - re #7 Order, #8 NOTICE of Lawsuit & Waiver Issued by Clerk, #2 Complaint. Electronic Notice to IDOC. (MAC)
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Filing 8
NOTICE of Lawsuit & Waiver Issued by Clerk to: 1) Lieutenant Jackson 2) Sergeant Marados 3) Sergeant Williams. (MAC)
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Filing 7
ORDER Screening Complaint, Identifying Improperly Joined Claims and Defendants,Directing Plaintiff to Notify Court, and Directing Further Proceedings. Mr. Peacher shall have through September 30, 2021, to notify the Court how he wishes to proceed with the improperly joined claims. For each claim he chooses to sever, he must identify which defendants he seeks to bring the claim against. If he fails to respond by this deadline, the claims will be dismissed without prejudice so that Mr. Peacher may choose to bring them later by filing a new complaint in a new action. The clerk is directed to add Indiana Department of Correction as a defendant on the docket. The clerk is directed to issue process to defendants Indiana Department of Correction, Lieutenant Jackson, Sergeant Marados, and Sergeant Williams. See Fed. R. Civ. P. 4(c)(3), 4(d). Process shall consist of the complaint, dkt. #2 , motion for preliminary injunction, dkt. #4 , applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order. Service may be completed electronically. The defendants are ordered to respond to Mr. Peacher's motion for preliminary injunction by the deadline for answering or otherwise responding to his complaint. (See Order). Signed by Judge Jane Magnus-Stinson on 9/1/2021.(MAC)
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Filing 6
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)
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Filing 5
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO)
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Filing 4
Emergency MOTION for Preliminary Injunction, filed by Plaintiff R. PEACHER. (Attachments: #1 Cover Letter)(REO)
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Filing 3
MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff R. PEACHER. (Attachments: #1 Cover Letter)(REO)
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Filing 2
COMPLAINT against D. ALSIP, D. DAVIS, JACKSON, MARADOS, D. REAGLE, VEKOV, WILLIAMS, filed by R. PEACHER. (No fee paid with this filing) (Attachments: #1 Exhibit - Grievance documents, #2 Cover Letter)(REO)
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Filing 1
CONSENT to Prisoner E-Service by R. PEACHER located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by R. PEACHER 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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