BOYD v. LEIBEL et al
| SHAVON TYVELL BOYD |
| DAVID LEIBEL, INDIANA DEPT OF CORRECTION and DAVID LIEBEL |
| 1:2022cv00673 |
| April 1, 2022 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Tanya Walton Pratt |
| 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 July 22, 2022. A more recent docket listing may be available from PACER.
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Filing 28
MOTION to clarify #20 court order, filed by Plaintiff SHAVON TYVELL BOYD. (LF)
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Filing 27
MOTION for Preliminary Injunction, filed by Plaintiff SHAVON TYVELL BOYD. (AKH)
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Filing 26
NOTICE of Change of Address, filed by Plaintiff SHAVON TYVELL BOYD. Current housed at Wabash Valley Correctional Facility, P.O. Box 1111, Carlisle, Indiana 47836. (AKH)
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Filing 25
DECLARATION of SHAVON TYVELL BOYD, filed by SHAVON TYVELL BOYD. (AKH)
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Filing 24
MOTION to Amend/Correct #1 Complaint, filed by Plaintiff SHAVON TYVELL BOYD. (Attachments: #1 Proposed Amended Complaint, #2 Exhibit)(AKH)
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Filing 23
CONSENT to Prisoner E-Service by SHAVON TYVELL BOYD located at WVCF. Pursuant to General Order 2013-1, documents submitted by SHAVON TYVELL 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. (AKH)
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Filing 22
Address updated for Shavon Tyvell Boyd from Plainfield Correctional Facility to Wabash Valley Correctional Facility based on the IDOC website. Dkt. #20 resent to Boyd at Wabash Valley. (JRT)
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Filing 21
Mail Returned as undeliverable. #20 Order Directing Prisoner Payment sent to SHAVON TYVELL BOYD. Transferred to WVA. (AKH)
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Filing 20
ORDER Directing Monthly Payments be made from Prison Account of SHAVON TYVELL BOYD. Plaintiff's custodian is directed to withhold sums from the inmate trust account of SHAVON TYVELL BOYD, 129478, and to forward such sums to the Clerk of this Court at 46 East Ohio Street, Room 105, Indianapolis, Indiana 46204, consistent with paragraph 2 of this Entry. The appropriate cause number, 1:22-CV-00673-TWP-MPB, should be placed on each payment sent to the Clerk. As of the issuance of this Order, the balance of the filing fee still due in this case is $347.50. A copy of this Order shall be sent to plaintiff and to plaintiff's custodian. Copies sent pursuant to distribution list. (See Order). NEF sent to the Finance Department. Signed by Judge Tanya Walton Pratt on 5/12/2022. (AKH)
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Filing 19
RECEIPT #IP079075 for initial partial filing fee in the amount of $2.50, paid by SHAVON TYVELL BOYD. (JSR)
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Filing 18
ORDER granting #17 MOTION FOR EXTENSION OF TIME TO PAY FEE - Accordingly, Mr. Boyd's motion for extension of time, dkt. #17 , is granted such that he shall have through June 2, 2022 to pay the initial partial filing fee of Two Dollars and Fifty-Cents ($2.50). Signed by Magistrate Judge Matthew P. Brookman on 5/4/2022. (AAS) (Main Document 18 replaced on 5/5/2022) (AAS).
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Filing 17
MOTION for Time to Pay Fee, filed by Plaintiff SHAVON TYVELL BOYD. (Attachments: #1 Existing ES Consent)(AKH)
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Filing 16
ORDER ON PLAINTIFF'S MOTIONS FOR EMERGENCY INJUNCTIVE RELIEF AND DEFENDANTS' MOTION TO DISMISS - This matter is before the Court on Plaintiff Shavon Tyvell Boyd's Emergency Motions for Injunctive Relief (Dkts. #7 , #10 , #11 ) and the Defendants' Motion To Dismiss the Plaintiff's Motion for Emergency Injunctive Relief As Moot. (Dkt. #15 ). Pursuant to its Order of April 13, 2022, the Court requested that the Magistrate Judge schedule an expedited telephonic conference on or before April 15, 2022, with the Warden of Plainfield Correctional Facility or her Designee and Diana Moers of the Indiana Attorney General's Office. See dkt. #12 . The same day, Attorney Moers appeared on behalf of the Defendants and filed a Motion to Dismiss the plaintiff's motions for injunctive relief as moot. Dkt. #15 . The defendants' motion to dismiss, dkt. #15 , is GRANTED. Mr. Boyd's motions for emergency injunctive relief at dockets #7 , #10 , and #11 are DENIED as MOOT.Accordingly, the Court hereby VACATES its Order of April 13, 2022 directing the Magistrate Judge to schedule an expedited telephonic conference. Mr. Boyd is reminded that if he wishes to pursue this civil action, he must first pay the initial partial filing fee in accordance with the Court's Order of April 6, 2022 at docket #5 . Once the initial partial filing fee is paid, the Court will then screen Mr. Boyd's amended complaint. Should Mr. Boyd wish to now voluntarily dismiss this action, he may file a notice of dismissal with the Court. (See Order). Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 4/14/2022. (AKH)
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Filing 15
MOTION to Dismiss PLAINTIFF'S MOTION #10 and #11 FOR EMERGENCY INJUNCTIVE RELIEF AS MOOT, filed by Defendants INDIANA DEPT OF CORRECTION, DAVID LEIBEL. (Attachments: #1 Exhibit 1 Declaration of David Liebel With Ex A and B, #2 Text of Proposed Order Granting Motion to Dismiss)(Moers, Diana) Modified on 4/14/2022 - deleted duplicate docket text (AKH). Modified on 4/14/2022 - added links (AKH).
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Filing 14
NOTICE of Appearance by Diana Lynn Moers on behalf of Defendants INDIANA DEPT OF CORRECTION, DAVID LEIBEL. (Moers, Diana)
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Filing 13
Documents to be Sent via Electronic Notice EXPEDITE DELIVER TO: Warden of Plainfield Correctional Facility - re #12 Order, #7 MOTION, #11 MOTION for Preliminary Injunction, #10 MOTION Electronic Notice to IDOC. (DWH)
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Filing 12
ORDER DIRECTING MAGISTRATE JUDGE TO SCHEDULE EXPEDITED TELEPHONIC CONFERENCE - The Clerk is directed to provide copies of Mr. Boyd's motions for emergency injunctive relief, dkts. 7, 10, and 11, to the Warden of Plainfield Correctional Facility or her Designee and Diana Moers of the Indiana Attorney General's Office. In addition, The Court requests that the Magistrate Judge schedule a telephonic conference on or before April 15, 2022 to address the allegations in the emergency motions. For the reasons explained above, the Court directs that the Magistrate Judge schedule an expedited telephonic conference, on or before April 15, 2022, with the Warden of Plainfield Correctional Facility or her Designee and Diana Moers of the Indiana Attorney General's Office, to address the allegations made in the emergency motions. (Dkts. 7, 10 and 11). Mr. Boyd is requested (but not required) to participate if telephonic access from his facility can be accomplished on this short notice. Counsel for the Indiana Attorney General's Office is ORDERED TO APPEAR for the limited purpose of addressing the allegations made in the motions for emergency injunctive relief (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge Tanya Walton Pratt on 4/13/2022. Copies distributed pursuant to distribution list. (Attachments: #1 Copy of dkt 7 MOTION for Emergency Injunction, #2 Copy of dkt 10 MOTION for Emergency Injunction, #3 Copy of dkt 11 MOTION for Emergency Injunction)(DWH)
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Filing 11
MOTION for Emergency Preliminary Injunction, filed by Plaintiff SHAVON TYVELL BOYD. (Attachments: #1 Exhibits, #2 Envelope)(AKH)
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Filing 10
MOTION for Emergency Injunction, filed by Plaintiff SHAVON TYVELL BOYD. (Attachments: #1 Existing ES Consent)(AKH)
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Filing 9
AMENDED COMPLAINT against INDIANA DEPT OF CORRECTION, DAVID LEIBEL, filed by SHAVON TYVELL BOYD.(AKH)
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Filing 8
**PLEASE DISREGARD- DOCKETED IN ERROR** MOTION to Amend, filed by Plaintiff SHAVON TYVELL BOYD. (Attachments: #1 Envelope)(AKH) Modified on 4/8/2022 (AKH).
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Filing 7
MOTION for Emergency Injunction, filed by Plaintiff SHAVON TYVELL BOYD. (AKH)
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Filing 6
CONSENT to Prisoner E-Service by SHAVON TYVELL BOYD located at PLAINFIELD CF. Pursuant to General Order 2013-1, documents submitted by SHAVON TYVELL 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. (AKH)
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Filing 5
**PLEASE DISREGARD - VACATED AT DKT. #16 ** ORDER ON #2 MOTION TO PROCEED IN FORMA PAUPERIS - The plaintiff's motion to proceed in forma pauperis, dkt. #2 , is GRANTED to the EXTENT that the plaintiff is assessed an initial partial filing fee of Two Dollars and Fifty Dollars ($2.50). The plaintiff shall have through May 5, 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. 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. Copies sent pursuant to distribution list. (See Order). Signed by Judge Tanya Walton Pratt on 4/6/2022. (AKH) Modified on 4/14/2022 (AKH).
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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)
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Filing 3
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JSR)
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Filing 2
MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff SHAVON TYVELL BOYD. (Attachments: #1 Exhibit Trust Account Statement, #2 Envelope)(JSR)
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Filing 1
COMPLAINT against INDIANA DEPT OF CORRECTION, DAVID LEIBEL, filed by SHAVON TYVELL BOYD. (No fee paid with this filing) (Attachments: #1 Exhibit Grievance Response Report, #2 Request for Waiver of Summons and Cost of Process Service, #3 Envelope)(JSR)
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