BENSON v. GRINSTEAD et al
Plaintiff: CHARLES A. BENSON
Defendant: K GRINSTEAD, KYLE GRINSTEAD, GARD, J LEE and LEACH
Case Number: 1:2021cv02408
Filed: September 9, 2021
Court: US District Court for the Southern District of Indiana
Presiding Judge: Tim A Baker
Referring Judge: James R Sweeney
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 4, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 4, 2021 Filing 12 NOTICE of Lawsuit & Waiver Issued by Clerk sent TO: 1) Caseworker K. Grinstead; 2) Captain Gard; 3) Sergeant J. Lee; 4) Officer Leach (RAGS) (JDC)
November 4, 2021 Opinion or Order Filing 11 Order Screening Complaint and Directing Further Proceedings - Plaintiff Charles Benson is a prisoner currently incarcerated at Wabash Valley Correctional Facility. He alleges in this civil rights lawsuit that the defendants failed to protect him from assault by other inmates when he was housed at New Castle Correctional Facility. In conclusion, Mr. Benson also states that these actions violated his Fourteenth Amendment equal protection rights. But Mr. Benson makes no allegation that he was discriminated against because of his membership in a particular protected class. See Alston v. City of Madison, 853 F.3d 901, 906 (7th Cir. 2017). His equal protection claim is therefore dismissed. This summary of claims includes all of the viable claims identified by the Court. All other claims have been dismissed. If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through December 6, 2021, in which to identify those claims. 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 complaint, dkt #2 , applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order. (Copies mailed pursuant to distribution list) Signed by Judge James R. Sweeney II on 11/4/2021.(JDC)
October 18, 2021 Filing 10 CONSENT to Jurisdiction to US Magistrate Judge by CHARLES A. BENSON. (Attachments: #1 Envelope)(JDC)
September 15, 2021 Filing 9 RECEIPT #IP075787 for filing fee in the amount of $402.00, paid by SHANE BENSON (6408 Covington Rd., C-220, Fort Wayne, IN 46804) via money order on behalf of CHARLES BENSON. (DJH)
September 13, 2021 Filing 8 NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through October 13, 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)
September 10, 2021 Filing 7 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 9, 2021 Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JDC)
September 9, 2021 Filing 5 Case transferred in from District of Indiana Northern; Case Number 3:21-cv-00659. Original file copy of transfer order and docket sheet received.
September 8, 2021 Opinion or Order Filing 4 ORDER: Pursuant to 28 USC 1404(a), this case is TRANSFERRED to the United States District Court for the Southern District of Indiana. Signed by Magistrate Judge Michael G Gotsch, Sr on 9/8/2021. (lns) [Transferred from Indiana Northern on 9/9/2021.]
September 7, 2021 Filing 3 Docket sheet and file stamped copy of Complaint to be distributed to Charles A. Benson #202702. (Attachments: #1 File stamped copy of Complaint)(kms) [Transferred from Indiana Northern on 9/9/2021.]
September 3, 2021 Filing 2 PRO SE COMPLAINT with Jury Demand against Gard, K Grinstead, Leach, J Lee, filed by Charles A Benson. (Attachments: #1 Cover Letter, #2 Envelope)(No filing fee or IFP received)(File stamped copy with case number sent to Benson)(kms) [Transferred from Indiana Northern on 9/9/2021.]
September 3, 2021 Filing 1 Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Charles A Benson. Pursuant to General Order 2018-1, documents submitted 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. (kms) [Transferred from Indiana Northern on 9/9/2021.]

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Defendant: K GRINSTEAD
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Defendant: KYLE GRINSTEAD
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Defendant: GARD
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Defendant: J LEE
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Defendant: LEACH
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Plaintiff: CHARLES A. BENSON
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