DROGOSZ v. CARTER et al
| MICHAEL DROGOSZ and MICHAEL DAREK DROGOSZ |
| STATE OF INDIANA, MS ABRHAMS, MS METCALF, SHERIFF CARTER, RON NEAL, GEORGE PAYNE, DEB ABRHAMS, MICHELLE METCALF, CHARLENE A. BURKETT, A LAGUNAS, D BODIOVICH, MARK NEWKIRK, J WALLEN, ST MARTIN, ROBERT CARTER, DANIEL BODLOVICH, LESSNER and JOSHUA WALLEN |
| 1:2021cv02941 |
| December 1, 2021 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Tanya Walton Pratt |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on December 20, 2021. A more recent docket listing may be available from PACER.
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Filing 89
ORDER denying as moot [86, 87, and 88] Motions. This civil rights case was transferred back to the Northern District of Indiana where it was originally filed. Dkt. 84. Thus, any future motions should be filed in Case Number 3:18-cv-315-PPS-MGG in the Northern District of Indiana. Signed by Magistrate Judge Tim A. Baker on 12/20/2021 Copy sent to the Plaintiff via US Mail (CBU)
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| Filing 88 MOTION for Judicial Economy, filed by Plaintiff MICHAEL DROGOSZ. (Attachments: #1 Envelope)(TMC) |
| Filing 87 MOTION for Information, filed by Plaintiff MICHAEL DROGOSZ. (Attachments: #1 Envelope)(TMC) |
| Filing 86 MOTION for Clarification, filed by Plaintiff MICHAEL DROGOSZ. (Attachments: #1 Envelope)(TMC) |
| Filing 85 Transfer Letter to Clerk of the Northern District of Indiana. Per case documents and certified copies of docket sheet and transfer order sent via email to Case Administrator to the receiving court on 12/10/2021. (JDC) |
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Filing 84
CLOSED TRANSFER. ORDER TRANSFERRING CASE TO THE NORTHERN DISTRICT OF INDIANAThis matter is before the Court on a sua sponte Order, respectfully transferring this case back to the Northern District of Indiana. In summary, for the convenience of parties and witnesses and in the interest of justice, this action is now TRANSFERRED BACK to the United States District Court for the Northern District of Indiana, South Bend Division, Case Number 3:18-cv-315-PPS-MGG. ***SEE ORDER FOR ADDITIONAL INFORMATION*** (Copy to Plaintiff via U.S. mail) Signed by Judge Tanya Walton Pratt on 12/10/2021.(JDC)
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| Filing 83 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 82 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) |
| Filing 81 Case transferred in from District of Indiana Northern; Case Number 3:18-cv-00315. Original file copy of transfer order and docket sheet received. |
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Filing 80
ORDER transferring case to the Southern District of Indiana. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/30/21. (Copy mailed to pro se party)(mlc) [Transferred from Indiana Northern on 12/1/2021.]
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| Filing 79 PLAINTIFF'S RESPONSE TO ORDER OF COURT by Michael Drogosz to #78 Order,. (mlc) [Transferred from Indiana Northern on 12/1/2021.] |
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Filing 78
ORDER: The court CONSTRUES the response #77 as a motion to reconsider, a motion to recuse, a motion to transfer, and a motion for Rule 11 sanctions and DENIES the motions #77 . Signed by Judge Philip P Simon on 8/18/2021. (Copy mailed to pro se party)(bas) [Transferred from Indiana Northern on 12/1/2021.]
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| Filing 77 RESPONSE by Michael Drogosz to #75 Order on Motion for Leave to Appeal. (Attachments: #1 Letter, #2 Envelope)(mlc) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 76 Letter from Michael Drogosz requesting a copy of the envelope from DE #66 . (Copy of envelope sent) (bas) [Transferred from Indiana Northern on 12/1/2021.] |
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Filing 75
ORDER DENYING #71 Motion for Leave to Appeal; DENYING #73 Motion to Certify Interlocutory Appeal. Signed by Judge Philip P Simon on 7/19/21. (Copy mailed to pro se party)(ksp) [Transferred from Indiana Northern on 12/1/2021.]
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| Filing 74 RESPONSE to Motion re #73 MOTION to Certify Order for Interlocutory Appeal filed by Ron Neal. (Flynn, Thomas) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 73 MOTION to Certify Order for Interlocutory Appeal by Plaintiff Michael Drogosz. (Attachments: #1 Cover Letter, #2 Envelope)(kms) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 72 Certified USCA ORDER: IT IS ORDERED that the Motion to Certify Order for Interlocutory Appeal is DENIED. The District Court has not certified this appeal as appropriate for interlocutory treatment. (jld) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 71 MOTION to Certify Order for Interlocutory Appeal by Plaintiff Michael Drogosz. (filed at USCA, case number 21-8016) (Attachments: #1 Cover Letter, #2 Copy of Docket Sheet)(jld) [Transferred from Indiana Northern on 12/1/2021.] |
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Filing 70
ORDER: Motions #59 , #63 , #65 , #68 , and #69 are DENIED. The parties are reminded this case remains STAYED pending screening of the final amended complaint.Signed by Judge Philip P Simon on 05/17/2021. (Copy mailed to pro se party)(edb) [Transferred from Indiana Northern on 12/1/2021.]
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| Filing 69 MOTION to Appoint Counsel by Plaintiff Michael Drogosz. (ksp) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 68 MOTION for Continuance by Plaintiff Michael Drogosz. (Attachments: #1 Cover Letter, #2 Envelope)(Sent docket sheet to Drogosz as requested)(kms) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 67 AFFIDAVIT Certifying Authenticity of Documents re #57 Amended Complaint by Michael Drogosz. (bas) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 66 RESPONSE to Motion filed by Michael Drogosz re #59 MOTION for Reconsideration and #60 Order. (bas) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 65 MOTION to Reconsider Previous Order re #51 Order and #54 Order on Motion to Appoint Counsel by Plaintiff Michael Drogosz. (bas) [Transferred from Indiana Northern on 12/1/2021.] |
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Filing 64
ORDER DENYING #62 Motion and the defendant is ADVISED there is no obligation to respond to any discovery requests filed by Michael Drogosz before the stay is lifted and a scheduling order is entered. Signed by Magistrate Judge Michael G Gotsch, Sr on 3/30/21. (Copy mailed to pro se party)(ksp) [Transferred from Indiana Northern on 12/1/2021.]
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| Filing 62 Motion for Discovery, Plaintiff's First REQUEST for Production of Documents, Plaintiff's First Request for Interrogatories and production of documents and Plaintiff's First Request for Admissions, by Michael Drogosz. (Attachments: #1 Cover Letter, #2 Envelope)(mrm) Modified on 3/29/2021 to update (mrm). [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 63 MOTION for Review of Magistrate Judge Decision by a District Judge re #55 Status Report Order, titled as Objection to Status Report Order by Plaintiff Michael Drogosz. (nae) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 61 Plaintiff's STATUS REPORT by Michael Drogosz. (nae) [Transferred from Indiana Northern on 12/1/2021.] |
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Filing 60
ORDER: The court CONSTRUES the objection #59 as a motion to reconsider the order #51 granting Michael Drogosz leave to file an amended complaint; DIRECTS the clerk to edit the docket accordingly; ORDERS Michael Drogosz to respond to the motion to reconsider #59 and SHOW CAUSE why he did not abandon the opportunity to file an amended complaint as well as why the proposed amended complaint should not be stricken because of undue delay, bad faith, dilatory motive, repeated failure to cure deficiencies, undue prejudice to the defendants, and futility; and CAUTIONS Michael Drogosz if he does not respond by 4/14/2021, the amended complaint #57 will be stricken without further notice and this case will proceed solely on the claim for which he was granted leave to proceed in the most recent screening order #46 . Signed by Judge Philip P Simon on 3/17/2021. (Copy mailed to pro se party) (lhc) [Transferred from Indiana Northern on 12/1/2021.]
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| Filing 59 MOTION to Reconsider the Order #51 granting plaintiff leave to file an amended complaint. (Flynn, Thomas) Modified on 3/17/2021 pursuant to #60 (lhc). Modified on 3/30/2021 to update (mrm). [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 58 NOTICE of Appearance by Samantha M Sumcad on behalf of Ron Neal (Sumcad, Samantha) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 57 AMENDED COMPLAINT with Jury Demand against Ron Neal, Robert Carter, Daniel Bodlovich, Lessner, Michelle Metcalf, Joshua Wallen, filed by Michael Drogosz. (Attachments: #1 Appendix One - Evidence E, #2 Evidence F - Evidence I, #3 Cover letter, #4 Envelope)(kms) Modified on 3/11/2021 (kms). [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 56 STATUS REPORT by Ron Neal. (Flynn, Thomas) [Transferred from Indiana Northern on 12/1/2021.] |
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Filing 55
STATUS REPORT ORDER: Defense counsel and the unrepresented plaintiff are ORDERED to separately prepare and file brief status reports by 3/24/2021 as outlined. Signed by Magistrate Judge Michael G Gotsch, Sr on 3/2/2021. (Copy mailed to pro se party)(bas) [Transferred from Indiana Northern on 12/1/2021.]
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Filing 54
ORDER DENYING #53 Motion to Appoint Counsel. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/7/2020. (Copy mailed to pro se party)(bas) [Transferred from Indiana Northern on 12/1/2021.]
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| Filing 53 MOTION for the Appointment of Counsel, by Plaintiff Michael Drogosz. (Attachments: #1 Exhibits, #2 Declaration in Support of Plaintiff's Motion for the Appointment of Counsel, #3 Memorandum of Law in Support of Plaintiff's Motion for the Appointment of Counsel, #4 Cover letters, #5 Envelopes)(kms) [Transferred from Indiana Northern on 12/1/2021.] |
| ***Deadlines set in scheduling order DE #41 vacated per Order DE #44 . (nae) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 52 ANSWER to #45 Amended Complaint, Affirmative Defenses and Demand for Jury Trial by Ron Neal.(Flynn, Thomas) [Transferred from Indiana Northern on 12/1/2021.] |
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Filing 51
ORDER: The Court (1) DENIES the motion #50 to the extent it asks me to recuse and to reconsider the order denying his prior request for counsel, and (2) GRANTS the motion #50 to the extent it asks for leave to file a third amended complaint, and STAYS this case pending screening of the third amended complaint. Signed by Judge Philip P Simon on 10/9/2020. (Copy mailed to pro se party)(shk) [Transferred from Indiana Northern on 12/1/2021.]
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| Filing 50 MOTION for Recusal of District Court Judge by Plaintiff Michael Drogosz. (Attachments: #1 cover letter to clerk, #2 Envelope)(rmc) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 49 WAIVER OF SERVICE Returned Executed by Ron Neal. Ron Neal waiver sent on 9/4/2020, answer due 11/3/2020. (Flynn, Thomas) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 48 NOTICE of Appearance by Thomas J Flynn on behalf of Ron Neal (Flynn, Thomas) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 47 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden Ron Neal. (Copy mailed as directed in Order) Waiver of Service due by 10/5/2020. (Attachments: #1 Opinion and Order, #2 Amended Complaint) (lhc) [Transferred from Indiana Northern on 12/1/2021.] |
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Filing 46
OPINION AND ORDER: The court GRANTS Michael Drogosz leave to proceed against Ron Neal in his official capacity as the Indiana State Prison Warden for injunctive relief to receive Prison Legal News if he subscribes to it in the future; DISMISSES all other claims; DISMISSES Commissioner Robert Carter, Executive Assistant George Payne, Classification Supervisor Deb Abrhams, Mailroom Worker Michelle Metcalf, Classification Supervisor D. Bodiovich, Executive Assistant Mark Newkirk, Grievance Specialist J. Wallen; and DHB Worker St. Martin; DIRECTS the clerk to request Waiver of Service from (and if necessary the United States Marshals Service to serve process on) the Indiana State Prison Warden, with a copy of this order and the amended complaint #45 , pursuant to 28 U.S.C. 1915(d); and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Ron Neal in his official capacity as the Indiana State Prison Warden to respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claim for which the plaintiff has been granted leave to proceed in this screening order. Signed by Judge Philip P Simon on 9/4/2020. (Copy mailed as directed in Order)(lhc) [Transferred from Indiana Northern on 12/1/2021.]
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| Filing 45 AMENDED COMPLAINT against Ms Abrhams, Robert E Carter, Jr, Ms Metcalf, Ron Neal, George Payne, D Bodiovich, Mark Newkirk, J Wallen, St Martin, filed by Michael Drogosz. (Returned copy to Drogosz) (Attachments: #1 Letter requesting copy, #2 Envelope)(nae) [Transferred from Indiana Northern on 12/1/2021.] |
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Filing 44
ORDER: This matter is before the court to correct a scrivener's error in the order #43 entered January 6, 2020. The last paragraph of that order should have stated: For these reasons, the motion (ECF 42) is GRANTED to the extent the scheduling order (ECF 41) is VACATED and Michael Drogosz is GRANTED until March 6, 2020, to file an amended complaint. He is CAUTIONED if he does not respond by the deadline, this case will proceed solely on the claims for which he has been granted leave to proceed in the current screening order (ECF 33). The clerk is DIRECTED to edit the docket entry for ECF 43 to note that it is amended by this order. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/8/20. (Copy mailed to pro se party)(ksp) [Transferred from Indiana Northern on 12/1/2021.]
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Filing 43
*** AMENDED ORDER PER DE #44 *** ORDER GRANTING #42 MOTION and Declaration to Reduce Biases by Plaintiff Michael Drogosz, to the extent the screening order #42 is VACATED and Michael Drogosz is GRANTED until 3/6/2020, to file an amended complaint. He is CAUTIONED if he does not respond by the deadline, this case will proceed solely on the claims for which he has been granted leave to proceed in the current screening order #33 . Signed by Magistrate Judge Michael G Gotsch, Sr on 1/6/2020. (Copy mailed to pro se party) (lhc) Modified on 1/8/2020 to edit text (ksp). [Transferred from Indiana Northern on 12/1/2021.]
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| Filing 42 MOTION and Declaration to Reduce Biases by Plaintiff Michael Drogosz. (Attachments: #1 Envelope) (rmf) [Transferred from Indiana Northern on 12/1/2021.] |
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Filing 41
SCHEDULING ORDER: The deadline for joining parties and amending pleadings is 1/13/2020. The deadline for initiating discovery is 5/13/2020 and completing discovery 6/12/2020. The deadline for filing dispositive motions is 7/13/2020. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/3/2020. (Copy mailed to pro se party)(mrm) [Transferred from Indiana Northern on 12/1/2021.]
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| Filing 40 STATUS REPORT (Defendants') by Ms Abrhams, Robert E Carter, Jr. (Flynn, Thomas) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 39 NOTICE of Appearance by Thomas J Flynn on behalf of Ms Abrhams, Robert E Carter, Jr (Flynn, Thomas) [Transferred from Indiana Northern on 12/1/2021.] |
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Filing 38
ORDER granting #37 Motion to Withdraw as Attorney. Attorney Lyubov Gore terminated. Approved by Magistrate Judge Michael G Gotsch, Sr on 11/18/19. (Copy mailed to pro se party)(slm) [Transferred from Indiana Northern on 12/1/2021.]
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| Filing 37 MOTION to Withdraw as Attorney Lyubov Gore by Defendants Ms Abrhams, Robert E Carter, Jr. (Gore, Lyubov) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 36 NOTICE of Appearance by Mollie A Slinker on behalf of Ms Abrhams, Robert E Carter, Jr (Slinker, Mollie) [Transferred from Indiana Northern on 12/1/2021.] |
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Filing 35
ORDER defense counsel and the unrepresented plaintiff are ORDERED to separately prepare and file brief status reports by December 12, 2019. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/7/19. (Copy mailed to pro se party)(mlc) [Transferred from Indiana Northern on 12/1/2021.]
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| Filing 34 Defendants' ANSWER to #31 Amended Complaint Defenses, and Demand for Jury Trial by Ms Abrhams, Robert E Carter, Jr.(Gore, Lyubov) [Transferred from Indiana Northern on 12/1/2021.] |
| Reset Deadlines: Robert E. Carter, Jr. and Ms. Abrhams answer due 11/7/19. (nal) [Transferred from Indiana Northern on 12/1/2021.] |
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Filing 33
ORDER: The Court GRANTS Michael Drogosz leave to proceed against Ms. Abrhams in her individual capacity for monetary damages for confiscating his January 2017, April 2017, May 2017, June 2017, July 2017, December 2017, April 2018, May 2018, June 2018, July 2018, August 2018, September 2018, October 2018, November 2018 and December 2018 copies of Prison Legal News without a legitimate penological interest in violation of the First Amendment, GRANTS Michael Drogosz leave to proceed against Ms. Abrhams in her individual capacity for monetary damages for confiscating his May 2017, June 2017, July 2017, April 2018, May 2018, June 2018, July 2018, August 2018, September 2018, October 2018 and November 2018 copies of Prison Legal News without due process in violation of the Fourteenth Amendment, GRANTS Michael Drogosz leave to proceed against Indiana Department of Correction Commissioner Robert E. Carter, Jr., in his official capacity for injunctive relief to permit Michael Drogosz to receive Prison Legal News even if it contains advertisements for pen pals in violation of Policy 02-01-103, DISMISSES all other claims, DISMISSES Ron Neal, George Payne, Ms. Metcalf and A. Lagunas and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), that Robert E. Carter, Jr., and Ms. Abrhams to respond by 11/7/19, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claims for which the plaintiff has been granted leave to proceed in this screening order. Signed by Judge Philip P Simon on 10/3/19. (Copy mailed to pro se party). (nal) [Transferred from Indiana Northern on 12/1/2021.]
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| Filing 32 NOTICE of Appearance by Lyubov Gore on behalf of Ms Abrhams, Robert E Carter, Jr, Ms Metcalf, Ron Neal, George Payne (Gore, Lyubov) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 31 AMENDED PRISONER COMPLAINT WITH JURY DEMAND against Ms Abrhams, Robert E Carter, Jr, A Lagunas, Ms Metcalf, Ron Neal, George Payne, filed by Michael Drogosz. (Attachments: #1 Envelope) (shk) [Transferred from Indiana Northern on 12/1/2021.] |
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Filing 30
ORDER granting #29 Motion to Withdraw as Attorney. Attorney Elizabeth M Roberson terminated. Approved by Magistrate Judge Michael G Gotsch, Sr on 9/9/19. (Copy mailed to pro se party)(slm) [Transferred from Indiana Northern on 12/1/2021.]
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| Filing 29 MOTION to Withdraw as Attorney by Defendants Ms Abrhams, Robert E Carter, Jr, Ms Metcalf, Ron Neal, George Payne. (Roberson, Elizabeth) [Transferred from Indiana Northern on 12/1/2021.] |
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Filing 28
ORDER: Michael Drogosz is GRANTED until 9/19/19 to file an amended complaint. He is CAUTIONED if he does not respond by the deadline, this case will proceed based solely on the screening ECF #6 of the claims presented in his original complaint ECF #1 . Signed by Magistrate Judge Michael G Gotsch, Sr on 8/8/19. (Copy mailed to pro se party). (nal) [Transferred from Indiana Northern on 12/1/2021.]
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| Filing 27 NOTICE OF FULL CONSENT Judge Simon will continue to preside over this case. Signed by Judge Philip P. Simon on 5/13/2019. (lpw) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 26 NOTICE TO PARTIES AND LAWYERS signed by Judge Philip P Simon on 4/4/2019. (Consent form attached)(cc: Pro Se Party)(ksc). [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 25 Letter from Michael Drogosz re: receipt of Amended Complaint #21 . (Sent docket sheet) (nae) [Transferred from Indiana Northern on 12/1/2021.] |
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Filing 24
ORDER granting #22 Motion to Withdraw as Attorney. Attorney Ryan J Sterling terminated.Approved by Magistrate Judge Michael G Gotsch, Sr on 12/20/18. (Copy mailed to pro se party)(slm) [Transferred from Indiana Northern on 12/1/2021.]
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| Filing 23 NOTICE of Appearance by Elizabeth M Littlejohn on behalf of Ms Abrhams, Robert E Carter, Jr, Ms Metcalf, Ron Neal, George Payne (Littlejohn, Elizabeth) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 22 MOTION to Withdraw as Attorney by Defendants Ms Abrhams, Robert E Carter, Jr, Ms Metcalf, Ron Neal, George Payne. (Sterling, Ryan) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 21 AMENDED COMPLAINT against Ms Abrhams, Robert E Carter, Jr, Ms Metcalf, Ron Neal, George Payne, A Lagunas, filed by Michael Drogosz. (No summons or UMS 285 form received) (Attachments: #1 Exhibits, #2 Envelope)(nae) [Transferred from Indiana Northern on 12/1/2021.] |
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Filing 20
ORDER granting #19 Motion to Withdraw as Attorney. Attorney Lauren N Rodriguez terminated. Signed by Magistrate Judge Michael G Gotsch, Sr on 10/15/18. (Copy mailed to pro se party)(ksp) [Transferred from Indiana Northern on 12/1/2021.]
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| Filing 19 MOTION to Withdraw as Attorney by Defendants Ms Abrhams, Robert E Carter, Jr, Ms Metcalf, Ron Neal, George Payne. (Rodriguez, Lauren) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 18 NOTICE of Appearance by Ryan J Sterling on behalf of Ms Abrhams, Robert E Carter, Jr, Ms Metcalf, Ron Neal, George Payne (Sterling, Ryan) [Transferred from Indiana Northern on 12/1/2021.] |
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Filing 17
ORDER denying #4 Motion to Appoint Counsel. Signed by Magistrate Judge Michael G Gotsch, Sr on 9/7/18. (Copy mailed to pro se party)(kjp) [Transferred from Indiana Northern on 12/1/2021.]
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Filing 16
ORDER DENYING AS MOOT #15 MOTION to Amend/Correct #1 Pro Se Complaint, filed by Michael Drogosz. This case is STAYED pending the Court's review of the Amended Complaint as required by 28 USC 1915A. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/27/18. (Copy mailed to pro se party)(ksp) [Transferred from Indiana Northern on 12/1/2021.]
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| Filing 15 MOTION for Leave to File an Amended Complaint, by Plaintiff Michael Drogosz. (rmc) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 14 NOTICE of Appearance by Jonathan P Nagy on behalf of Ms Abrhams, Robert E Carter, Jr, Ms Metcalf, Ron Neal, George Payne (Nagy, Jonathan) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 13 WAIVER OF SERVICE Returned Executed by Ms Metcalf. Ms Metcalf waiver sent on 7/12/2018, answer due 9/10/2018. (Rodriguez, Lauren) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 12 WAIVER OF SERVICE Returned Executed by George Payne. George Payne waiver sent on 7/12/2018, answer due 9/10/2018. (Rodriguez, Lauren) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 11 WAIVER OF SERVICE Returned Executed by Ron Neal. Ron Neal waiver sent on 7/12/2018, answer due 9/10/2018. (Rodriguez, Lauren) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 10 WAIVER OF SERVICE Returned Executed by Ms Abrhams. Ms Abrhams waiver sent on 7/12/2018, answer due 9/10/2018. (Rodriguez, Lauren) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 9 WAIVER OF SERVICE Returned Executed by Robert E Carter, Jr. Robert E Carter, Jr waiver sent on 7/12/2018, answer due 9/10/2018. (Rodriguez, Lauren) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 8 NOTICE of Appearance by Lauren N Rodriguez on behalf of Ms Abrhams, Robert E Carter, Jr, Ms Metcalf, Ron Neal, George Payne (Rodriguez, Lauren) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 7 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Robert E. Carter, Jr., Ron Neal, George Payne, Ms. Abrhams, and Ms. Metcalf. (Copy mailed as directed in Order) Waiver of Service due by 8/13/2018. (Attachments: #1 Complaint, #2 Screening Order) (mlc) [Transferred from Indiana Northern on 12/1/2021.] |
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Filing 6
ORDER re #1 Pro Se Complaint, filed by Michael Drogosz. Michael Drogosz is GRANTED leave to proceed against Robert E. Carter, Jr., Ron Neal, George Payne, Ms. Abrhams, and Ms. Metcalf in their individual capacities for compensatory and punitive damages for confiscating his copies of Prison Legal News without a legitimate penological interest in violation of the First Amendment; Michael Drogosz is GRANTED leave to proceed against Robert E. Carter, Jr., in his official capacity for injunctive relief so he can receive copies of Prison Legal News; all other claims are DISMISSED; Charlene A Burkett is DISMISSED; the clerk and the United States Marshals Service are DIRECTED to issue and serve process on Robert E. Carter, Jr., Ron Neal, George Payne, Ms. Abrhams, and Ms. Metcalf as required by 28 U.S.C. 1915(d) with a copy of this order and the complaint (ECF 1) at the Indiana Department of Correction; and pursuant to 42 U.S.C. 1997e(g)(2), ORDERS that Robert E. Carter, Jr., Ron Neal, George Payne, Ms. Abrhams, and Ms. Metcalf respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claims for which the plaintiff has been granted leave to proceed in this screening order. Signed by Judge Philip P Simon on 7/12/18. (Copy mailed to pro se party)(mlc) [Transferred from Indiana Northern on 12/1/2021.]
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| Filing 5 Initial Filing fee: $74.23, receipt number 3020110 (rmc) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 4 MOTION to Appoint Counsel for 42 U.S.C. 1983 Civil Rights Complaint by Plaintiff Michael Drogosz. (jld) [Transferred from Indiana Northern on 12/1/2021.] |
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Filing 3
ORDER granting #2 MOTION for Leave to Proceed in forma pauperis. The Court ORDERS the plaintiff, Michael Drogosz, IDOC #210652, to immediately pay (and the facility having custody of him to automatically remit) $74.23 to the clerk of this court in payment of the initial partial filing fee, ORDERS the plaintiff to pay (and the facility having custody of him to automatically remit) 20% of the money he receives for each calendar month during which he receives $10.00 or more until the $350.00 filing fee is paid in full, DIRECTS the clerk to create a ledger for receipt of these funds and DIRECTS the clerk to send a copy of this order to each facility where the plaintiff is housed until the filing fee has been paid in full. Signed by Judge Philip P Simon on 5/29/18. (Copy mailed to pro se party and Indiana State Prison). (nal) [Transferred from Indiana Northern on 12/1/2021.]
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Michael Drogosz. (jld) [Transferred from Indiana Northern on 12/1/2021.] |
| Filing 1 PRO SE COMPLAINT with 0 copies of summons forms and 0 copies of USM-285 forms against Ms Abrhams, Charlene A Burkett, Robert E Carter, Jr, Ms Metcalf, Ron Neal, George Payne, filed by Michael Drogosz. (No filing fee or IFP received) (Returned file stamped copy with case number to Drogosz) (Attachments: #1 Exhibits, #2 Envelope)(nae) [Transferred from Indiana Northern on 12/1/2021.] |
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