BOYD v. SPURGEON et al
| DEREK BOYD |
| SPURGEON, TRICIA PRETORIUS, ROBERT E. CARTER, JR., R. GASKIN, KINISON and JEREMY JONES |
| 1:2021cv03039 |
| December 14, 2021 |
| US District Court for the Southern District of Indiana |
| James Patrick Hanlon |
| Debra McVicker Lynch |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 13, 2022. A more recent docket listing may be available from PACER.
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Filing 13
CLOSED FINAL JUDGMENT - The Court has ordered that this action be dismissed without prejudice. The Court now enters FINAL JUDGMENT. Signed by Judge James Patrick Hanlon on 1/13/2022. (DWH)
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| Filing 12 ENTRY GRANTING PLAINTIFF'S MOTION TO DISMISS - Plaintiff Derek Boyd's motion to dismiss this action without prejudice, dkt. #9 , is granted. This action is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). The clerk is directed to enter final judgment. Signed by Judge James Patrick Hanlon on 1/13/2022. (DWH) |
| Filing 10 ENTRY ON PENDING MOTIONS. Mr. Boyd's motion for leave to proceed in forma pauperis, dkt. #3 , is denied as presented. The trust account statement attached to Mr. Boyd's motion was created August 23, 2021. Dkt. #3 -1. Mr. Boyd will have through February 4, 2022, to renew his motion by filing a trust account statement showing his transactions for the six months preceding the filing of this action on December 14, 2021. Mr. Boyd's motion for leave to pay his initial partial filing fee with funds from a re-entry account, dkt. #8 , is denied as premature. The Court has not yet assessed an initial partial filing fee. Mr. Boyd's motion asking the Court to mail an Indiana Tort Claims Act (ITCA) claim to certain recipients, dkt. #6 , is denied. When the filing fee is resolved, the Court will screen Mr. Boyd's complaint. If it asserts plausible claims, the Court will serve the complaint on the defendants, and the defendants will have electronic access through the docket to all documents. The Court will not mail documents on Mr. Boyd's behalf, and it will not serve documents on the defendants before the complaint is screened. Signed by Judge James Patrick Hanlon on 1/6/2022. (MAC) |
| Filing 11 NOTICE of Intent to file Complaint again, filed by Plaintiff DEREK BOYD. (Attachments: #1 Envelope). (MAC) |
| Filing 9 MOTION to Dismiss without prejudice, filed by Plaintiff DEREK BOYD. (Attachments: #1 Envelope)(CBU) |
| Filing 8 MOTION to Pay Partial Filing Fee with Re-Entry Funds, filed by Plaintiff DEREK BOYD. (Attachments: #1 Envelope). (MAC) |
| Filing 7 CONSENT to Jurisdiction to US Magistrate Judge by DEREK BOYD. (Attachments: #1 Envelope). (MAC) |
| Filing 6 MOTION to disseminate tort claim notice to all required parts or mail certified, filed by Plaintiff DEREK BOYD. (Attachments: #1 Copy of ES Consent, #2 Exhibits)(DWH) |
| Filing 5 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 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, DEREK BOYD. (Attachments: #1 Certification of Inmate Trust Fund Account, #2 Envelope)(DJH) |
| Filing 2 COMPLAINT against ROBERT E. CARTER, JR, R. GASKIN, JEREMY JONES, KINISON, and TRICIA PRETORIUS, SPURGEON, filed by DEREK BOYD. (No fee paid with this filing) (Attachments: #1 Exhibit A including reports, Disciplinary Hearing Appeal, Response to Disciplinary Appeal, #2 Exhibit B including letter, Notice of Confiscated Property, Administrative Remedy, Grievance Response Reports, Grievance Appeals, Return of Grievance, Grievance, #3 Exhibit C -- Returns of Grievances, Grievances, Grievance Response Reports, Grievance Appeals, Request for Interview to T. Pretorius, #4 Exhibit D including Grievance Response Reports, Initial Restrictive Housing Review, Restrictive Housing Documentation, radiology report, administrative note, X-Ray Requsition, Returns of Grievances, Grievances, Requests for Interviews, #5 Proposed Summons, #6 Cover Letter, #7 Envelope)(DJH) (Attachment 4 replaced on 12/15/2021) (DJH). |
| Filing 1 CONSENT to Prisoner E-Service by DEREK BOYD located at PLAINFIELD CF. Pursuant to General Order 2013-1, documents submitted by DEREK BOYD 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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