TAYLOR et al v. CARTER et al
| GREG TAYLOR and VICTOR RIVERA |
| ROBERT CARTER, JR., CHRISTINA LIEDTKE, CENTURION MEDICAL SERVICES and DENNIS REAGEL |
| 1:2022cv00809 |
| April 25, 2022 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| Tanya Walton Pratt |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 26, 2022. A more recent docket listing may be available from PACER.
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| Filing 9 CLOSED DISMISSED - The plaintiffs' motion to voluntarily dismiss this action, dkt. [ #8 ], is granted. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A) (i), all claims shall be dismissed without prejudice, and the clerk is directed to close the action on the docket. No judgment is required under these circumstances. Signed by Judge Tanya Walton Pratt on 5/26/2022.(SWM) |
| Filing 8 MOTION to Dismiss, filed by Plaintiff GREG TAYLOR. (AKH) |
Filing 6
ORDER DISMISSING COMPLAINT AND DIRECTING FURTHER PROCEEDINGS - Plaintiffs Greg Taylor and Victor Rivera are Indiana Department of Correction inmates who participate in the Intensive Residential Treatment Program at Pendleton Correctional Facility. They filed a class action law suit challenging conditions for all IDOC inmates who have been deemed "seriously mentally ill" and are housed at the psychiatric unit at New Castle Correctional Facility, the Special Needs Unit at Wabash Valley Correctional Facility, or in the IRT unit at Pendleton Correctional Facility. Because Mr. Taylor and Mr. Rivera are incarcerated, the Court must screen their complaint before service on the defendants. The plaintiffs' complaint must be dismissed because a pro se inmate cannot adequately protect the interests of a class. Further, because the complaint does not contain any facts about Mr. Taylor of Mr. Rivera's mental health treatment, it fails to state a claim upon which relief may be granted. The plaintiffs shall have through May 27, 2022, in which to SHOW CAUSE why Judgment consistent with this Order should not issue or to file an amended complaint that explains how each of the plaintiff's rights are being violated. Additionally, if the plaintiffs decide to pursue these claims, they must consider the challenges with proceeding jointly. Thus, each plaintiff has through May 27, 2022, to notify the Court whether he would like to voluntarily dismiss this action without prejudice or proceed jointly. If proceeding jointly, they must file an amended complaint that corrects the deficiencies discussed in this Order. The amended complaint must include the case number associated with this action, no. 1:22-cv-00809-TWP-DML. It will completely replace the original complaint, and it will be screened pursuant to 1915A, so it must include all defendants, claims, and factual allegations Mr. Taylor and Mr. Rivera wish to pursue in this action. Mr. Taylor's motion to proceed in forma pauperis, dkt. #2 , is DENIED without prejudice. Mr. Taylor states that he intends to pay the filing fee in full once he obtains his stimulus check from the IRS, but it is not clear when he will receive that money. Thus, Mr. Taylor has through May 27, 2022, to pay the $402.00 filing fee or renew his motion to proceed in forma pauperis with a copy of the transactions associated with his institution trust account for the 6-month period preceding the filing of this action on April 25, 2022. 28 U.S.C. 1915(a)(2). Mr. Rivera also has through May 27, 2022, to pay the $402.00 filing fee or file a motion to proceed in forma pauperis with a copy of his trust account statement. Failure to act by May 27, 2022, will result in the dismissal of this action without further warning. (See Order). Signed by Judge Tanya Walton Pratt on 4/29/2022. (AKH)
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| 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. (MEH) |
| 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 GREG TAYLOR. (Attachments: #1 letter from IRS)(DJH) |
| Filing 2 COMPLAINT against ROBERT CARTER, JR, CENTURION MEDICAL SERVICES, CHRISTINA LIEDTKE, DENNIS REAGEL, filed by GREG TAYLOR, VICTOR RIVERA. (No fee paid with this filing) (Attachments: #1 Indiana-Background, Current Laws Governing Treatment in Prisons and Jails)(DJH) |
| Filing 1 CONSENT to Prisoner E-Service by GREG TAYLOR located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by GREG TAYLOR 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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