PEACHER, PERRY, POINDEXTER, SMITH v. REAGLE et al
| ROBERT PEACHER, RODNEY PERRY, SR., JWAUN POINDEXTER and AARON SMITH |
| D. REAGLE, D. ALSIP, BOLDMAN and PFLIEGER |
| 1:2021cv02507 |
| September 24, 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 November 4, 2021. A more recent docket listing may be available from PACER.
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Filing 17
ORDER Striking Unsigned Non-Party Motion. This is federal case, governed by rules of procedure. "Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name--or by a party personally if the party is unrepresented." Fed. R. Civ. P. 11(a). "The stricture against anonymous pleadings in Rule 11 helps ensure that non-parties do not impact the course of litigation and creates a layer of accountability necessary to protect all the parties and the resources of the court." TCYK, LLC v. Does 138, No. 13-CV-554, 2013 WL 4434451, at *2 (E.D. Wis. Aug. 16, 2013). That is to say, Rule 11's signature requirement is designed to prevent exactly what happened here. The unsigned non-party motion, dkt. #15 , is STRICKEN. Signed by Judge Jane Magnus-Stinson on 11/4/2021. (MAC)
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Filing 16
ORDER granting Plaintiff Peacher's #11 Motion for Leave to Proceed in forma pauperis; granting Plaintiff Perry's #13 Motion for Leave to Proceed in forma pauperis to the extent he is assessed an initial partial filing fee of $116.89 to be paid by 12/1/2021; denying Plaintiff Poindexter's #14 Motion for Leave to Proceed in forma pauperis. Mr. Poindexter shall have through December 1, 2021, to submit a certified copy of his prisoner trust account statement for the dates from March 22, 2021, through September 21, 2021. Failure to do so by this date will result in his dismissal from this action. Plaintiff Aaron Smith has failed to pay the filing fee in this action or move for leave to proceed in forma pauperis. He shall have through December 1, 2021, to either pay the filing fee or move for leave to proceed in forma pauperis. Failure to do so by this date will result in his dismissal from this action. (See Order for further details). Signed by Judge Jane Magnus-Stinson on 11/2/2021. (MAC)
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| Filing 15 ***ORDERED STRICKEN PER ORDER #17 *** MOTION for Injunction on behalf of Robert Peacher submitted by a concerned IDOC Officer. (Attachments: #1 Envelope). (MAC) Modified on 11/4/2021 (MAC). |
| Filing 14 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff JWAUN POINDEXTER. (Attachments: #1 Trust Account Information). (MAC) |
| Filing 13 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff RODNEY PERRY, SR. (Attachments: #1 Exhibits). (MAC) |
| Filing 12 AMENDED AND SEVERED COMPLAINT against All Defendants and MOTION for Preliminary Injunction, filed by ROBERT PEACHER. (Attachments: #1 Envelope). (MAC) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff ROBERT PEACHER. (Attachments: #1 Exhibit Trust Account Information). (MAC) |
| Filing 10 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) |
| Filing 9 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 8 MOTION for Preliminary Injunction filed by Plaintiffs ROBERT PEACHER, RODNEY PERRY, SR, JWAUN POINDEXTER, and AARON SMITH (Dkt. 18 from 1:21-cv-2361-JMS-TAB). (Attachments: #1 Consents to Receipt of Documents Through Prisoner Electronic Filing Program)(DJH) |
| Filing 7 NOTICE AND ACKNOWLEDGMENT OF MULTIPLE PLAINTIFF LAWSUITS filed by Plaintiffs ROBERT PEACHER, RODNEY PERRY, SR., JWAUN POINDEXTER, and AARON SMITH (Dkt. 20-1 from Cause No. 1:21-cv-2361-JMS-TAB). (DJH) |
| Filing 6 COMPLAINT against D. ALSIP, BOLDMAN, PFLIEGER, D. REAGLE, filed by JWAUN POINDEXTER, RODNEY PERRY, SR, ROBERT PEACHER, AARON SMITH (Dkt. 20-3 from 1:21-cv-2361-JMS-TAB). (No fee paid with this filing) (DJH) |
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Filing 5
ORDER Granting Motion to Sever signed by Judge Jane Magnus-Stinson on 9/24/2021 in Cause No. 1:21-cv-2361-JMS-TAB. . . . The clerk is directed to create four new actions in the Indianapolis Division. . . . The clerk is directed to docket copies of Amended Complaint #1, dkt (20-3), motion for preliminary injunction (dkt 18), notice and acknowledgements, dkt (20-1), and consent to e-filing, dkt. (20-2), in this new action. . . . 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. (DJH) Modified on 9/27/2021 (DJH).
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| Filing 4 CONSENT to Prisoner E-Service (Dkt. 20-2 from 1:21-cv-2361-JMS-TAB) by AARON SMITH located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by AARON SMITH 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. (DJH) |
| Filing 3 CONSENT to Prisoner E-Service (Dkt. 20-2 from 1:21-cv-2361-JMS-TAB) by JWAUN POINDEXTER located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by JWAUN POINDEXTER 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. (DJH) |
| Filing 2 CONSENT to Prisoner E-Service (Dkt. 20-2 from 1:21-cv-2361-JMS-TAB0 by RODNEY PERRY, SR. located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by RODNEY PERRY, SR 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. (DJH) |
| Filing 1 CONSENT to Prisoner E-Service (Dkt. 20-2 from 1:21-cv-2361-JMS-TAB) by ROBERT PEACHER located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by ROBERT 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. (DJH) |
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