HAVVARD v. REAGAL et al
| WALTER HAVVARD |
| DENNIS REAGAL, AARON SMITH and WEXFORD MEDICAL SERVICES |
| 1:2022cv00193 |
| January 25, 2022 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Tanya Walton Pratt |
| James R Sweeney |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on March 11, 2022. A more recent docket listing may be available from PACER.
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Filing 15
ORDER Directing Monthly Payments be made from Prison Account of WALTER HAVVARD, 108075 - The sums withheld and forwarded shall be twenty percent (20%) of the preceding month's income credited to the inmate's account. "Income" means all deposits including settlement proceeds, gifts, or bequests from family.1 Such sums shall be forwarded to the Clerk each time the amount in the inmate's account exceeds Ten Dollars ($10.00) until the filing fee is paid. As of the issuance of this Order, the balance of the filing fee still due in this case is $250.00. Copy to Warden via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 3/11/2022.(AAS)
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| Filing 14 RECEIPT #IP078264 for partial filing fee in the amount of $100.00, paid by Maria McClendon via credit card on behalf of WALTER HAVVARD. (DJH) |
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Filing 13
Order on Motion to Proceed In Forma Pauperis -The plaintiff's motion to proceed in forma pauperis, dkt. #12 , is granted to the extent that the plaintiff is assessed an initial partial filing fee of Sixty-Two Dollars and Forty-Eight Cents ($62.48). See 28 U.S.C. 1915(b)(1). The plaintiff shall have through March 16, 2022, 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. Signed by Judge James R. Sweeney II on 2/16/2022. (JDC)
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| Filing 12 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff WALTER HAVVARD. (Attachments: #1 Exhibit)(JDC) |
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Filing 11
ORDER DENYING WITHOUT PREJUDICE #2 MOTION FOR ASSISTANCE WITH RECRUITING COUNSEL - Plaintiff Walter Havvard has filed a motion for assistance recruiting counsel. Dkt. #2 . Litigants in federal civil cases do not have a constitutional or statutory right to court-appointed counsel. This action is in its earliest stages, as Mr. Havvard's motion for leave to proceed in forma pauperis was denied as presented pursuant to the Court's order of January 31, 2022. See dkt. #10 . Before the Court can proceed to screen Mr. Havvard's complaint pursuant to 28 U.S.C. 1915A, Mr. Havvard must first pay the filing fee or demonstrate his financial inability to do so by renewing his motion for leave to proceed in forma pauperis. Mr. Havvard's motion, dkt. #2 , is DENIED without prejudice because it provides neither sufficient information to make a determination on the merits nor an acknowledgement of the conditions of the appointment of counsel. Mr. Havvard may renew his motion for the appointment of counsel that the Court will send him along with his copy of this Order, after the defendants have answered. At this time, Mr. Havvard should continue efforts to recruit counsel on his own. The clerk is directed to send Mr. Havvard a blank form motion for assistance with recruiting counsel, along with his copy of this Order. (See Order). Copies sent pursuant to distribution list. Signed by Judge James R. Sweeney II on 2/3/2022. (Attachments: #1 Blank Form: Motion for Assistance with Recruiting Counsel) (AKH)
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Filing 10
ORDER DENYING AS PRESENTED #7 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS - The plaintiff's motion for leave to proceed in forma pauperis, dkt. #7 , is DENIED AS PRESENTED. First, the motion contains the names of minor children which, should have been identified only by their initials. The clerk is directed to seal this motion, dkt. #7 . Second, the motion is not accompanied by a certified copy of the transactions associated with the plaintiff's institution trust account for the 6-month period preceding the filing of this action on January 25, 2022. The plaintiff shall have through February 28, 2022, to renew his motion for leave to proceed in forma pauperis. If the plaintiff opts to renew his motion, he must (1) identify any minor dependents only by their initials, and (b) attach a copy of the transactions associated with his institution trust account for the 6-month period preceding the filing of this action. Signed by Judge James R. Sweeney II on 1/31/2022. (AKH)
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| Filing 9 NOTICE of Reassignment of Case to Judge James R. Sweeney II. Judge Tanya Walton Pratt is no longer assigned to this case. Please include the new case number, 1:22-cv-00193-JRS-MPB, on all future filings in this matter. (LMK) |
| Filing 8 CONSENT to Prisoner E-Service by WALTER HAVVARD located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by WALTER HAVVARD 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. (AKH) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff WALTER HAVVARD. (AKH) |
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Filing 6
ORDER OF RECUSAL - Upon review of the above-captioned case, the Court finds it necessary to recuse itself from this proceeding pursuant to 28 U.S.C. 455. Accordingly, the Court hereby disqualifies itself and directs that this action shall be returned to the Office of the Clerk for reassignment to another judge. Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 1/27/2022. (Attachments: # 1 Order of Recusal) (AKH) (Main Document 6 replaced on 1/28/2022) (AKH).
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| Filing 5 NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through February 28, 2022, 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) |
| 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 sent to plaintiff via US Mail). (JRT) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 2 MOTION to Appoint Counsel filed by Plaintiff, WALTER HAVVARD. (Attachments: #1 letter from Aaron Smith)(DJH) |
| Filing 1 COMPLAINT against DENNIS REAGAL, AARON SMITH, and WEXFORD MEDICAL SERVICES, filed by WALTER HAVVARD. (No fee paid with this filing) (DJH) |
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