ELLIS v. CLARK
Plaintiff: DEMAJIO J. ELLIS
Defendant: CLARK
Case Number: 1:2021cv02383
Filed: September 2, 2021
Court: US District Court for the Southern District of Indiana
Presiding Judge: Debra McVicker Lynch
Referring Judge: Jane Magnus-Stinson
Nature of Suit: Prisoner Petitions - Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on February 9, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 21, 2021 Opinion or Order Filing 17 RECEIPT #IP076453 for Initial civil filing fee in the amount of $20.83, paid by L. Markham. (LMK)
October 21, 2021 Opinion or Order Filing 16 ORDER Denying Motion for Counsel and Motion for Pavey Hearing. Mr. Ellis's motion for counsel, dkt. #13 , is denied without prejudice, and his motion for a Pavey hearing, dkt. #14 , is denied as premature. The clerk is directed to send Mr. Ellis a motion for assistance recruiting counsel form with his copy of this Order. (See Order). Copies to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 10/21/2021. (Attachments: #1 Form Motion for Assistance with Recruitment of Counsel). (MAC)
October 19, 2021 Opinion or Order Filing 15 ORDER Consolidating Cases. In summary, in light of the common questions of law or fact in the eight cases, significant judicial resources will be saved by consolidating case nos. 1:21-cv-02385-TWP-DML, 1:21-cv-02535-JMS-DML, 1:21-cv-02536-JPH-MPB, 1:21-cv-02537-JMS-MPB, 1:21-2656-JMS-DLP, 1:21-2657-RLY-DML, and 1:21-2658-RLY-DML into case no. 1:21-cv-02383-JMS-DML. Accordingly, the court consolidates the cases as follows: Case no. 1:21-cv-02383-JMS-DML will continue to proceed. The clerk is directed to close case nos. 1:21-cv-02385-TWP-DML, 1:21-cv-02535-JMS-DML, 1:21-cv-02536-JPH-MPB, 1:21-cv-02537-JMS-MPB,1:21-2656-JMS-DLP, 1:21-2657-RLY-DML, and 1:21-2658-RLY-DML. No final judgment will issue in those cases. All pending motions in those cases are denied as moot. Mr. Ellis shall have through November 18, 2021, to file an amended complaint in case no. 1:21-cv-02383-JMS-DML so it includes all defendants, claims, and factual allegations he wishes to pursue. The court will thereafter screen Mr. Ellis's amended complaint pursuant to 28U.S.C. 1915A(a). The clerk is directed to docket a copy of this Order in case nos. 1:21-cv-02385-TWP-DML, 1:21-cv-02535-JMS-DML, 1:21-cv-02536-JPH-MPB, 1:21-cv-02537-JMS-MPB, 1:21-2656-JMS-DLP, 1:21-2657-RLY-DML, and 1:21-2658-RLY-DML. All future filings shall be filed under case no. 1:21-cv-02383-JMS-DML. (See Order). Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 10/19/2021. (MAC)
October 15, 2021 Opinion or Order Filing 11 ENTRY on Duplicative Motion to Proceed In Forma Pauperis - The plaintiff's duplicative motion to proceed in forma pauperis, dkt. [ #9 ], is denied as unnecessary because the Court granted the plaintiff in forma pauperis status in the Order dated September 24, 2021. In that Order, the Court ordered the plaintiff to pay an initial partial filing fee of Twenty Dollars and Eighty- Three Cents ($20.83) by no later than October 22, 2021. This deadline remains in effect. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 10/15/2021. (SWM)
October 14, 2021 Opinion or Order Filing 14 MOTION for a Pavey Hearing, filed by Plaintiff DEMAJIO J. ELLIS. (Attachments: #1 Envelope). (MAC)
October 14, 2021 Opinion or Order Filing 13 MOTION to Appoint Counsel, filed by Plaintiff DEMAJIO J. ELLIS. (Attachments: #1 Envelope). (MAC)
October 14, 2021 Opinion or Order Filing 12 RESPONSE, re #10 Order to Show Cause, filed by Plaintiff DEMAJIO J. ELLIS. (Attachments: #1 Envelope). (MAC)
October 5, 2021 Opinion or Order Filing 10 ORDER TO SHOW CAUSE WHY ACTIONS SHOULD NOT BE CONSOLIDATED. Mr. Ellis shall have through October 25, 2021, to show cause why the Court should not consolidate these five actions into one pursuant to Federal Rule of Civil Procedure 42(a)(2). Should the cases be consolidated: Case 1:21-cv-02383-JMS-DML will continue to proceed. The Court will close cases 1:21-cv-02385-TWP-DML; 1:21-cv-02535-JMS-DML; 1:21-cv-02536-JPH-MPB; and 1:21-cv-02537-JMS-MPB. The Court will give Mr. Ellis an opportunity to amend his complaint in case 1:21-cv-02383-JMS-DML so it includes all defendants, claims, and factual allegations he wishes to pursue for deliberated indifference to his medical needs. The Court will screen Mr. Ellis's amended complaint pursuant to 28 U.S.C.1915A(a). (See Order). Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 10/5/2021. (MAC)
September 27, 2021 Opinion or Order Filing 9 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff DEMAJIO J. ELLIS. (Attachments: #1 Inmate Trust Account, #2 Envelope) (CKM)
September 27, 2021 Opinion or Order Filing 8 CONSENT to Jurisdiction to US Magistrate Judge by DEMAJIO J. ELLIS. (Attachments: #1 Envelope) (CKM)
September 27, 2021 Opinion or Order Filing 7 ORDER on Motion to Proceed In Forma Pauperis. The plaintiff's motions to proceed in forma pauperis, dkts. #2 and #6 , are granted to the extent that the plaintiff is assessed an initial partial filing fee of Twenty Dollars and Eighty-Three Cents ($20.83). See 28 U.S.C. 1915(b)(1). The plaintiff shall have through October 22, 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, cc: finance office. Signed by Judge Jane Magnus-Stinson on 9/27/2021. (MAC)
September 20, 2021 Opinion or Order Filing 6 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff DEMAJIO J. ELLIS. (Attachments: #1 Exhibit Trust Account Information, #2 Envelope). (MAC)
September 10, 2021 Opinion or Order Filing 5 NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through October 12, 2021, 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(in forma pauperis). (Copy sent to plaintiff via US Mail). (JRT) Modified to reflect trust account information needed on 9/10/2021 (JRT). (Main Document 5 replaced on 9/10/2021) (JRT).
September 7, 2021 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)
September 3, 2021 Opinion or Order Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO)
September 2, 2021 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff DEMAJIO J. ELLIS. (Attachments: #1 Envelope)(REO)
September 2, 2021 Opinion or Order Filing 1 COMPLAINT against CLARK, filed by DEMAJIO J. ELLIS. (No fee paid with this filing) (Attachments: #1 Exhibit - Process Receipt and Return, #2 Proposed Summons, #3 Envelope)(REO)

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Plaintiff: DEMAJIO J. ELLIS
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Defendant: CLARK
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