MACK, THOMAS, SAMELTON, STEWART AND GIBSON v. CARTER et al
| MONTERIO MACK, TERRY THOMAS, ISAIAH SAMELTON, ANTHONY STEWART and CHRISTOPHER GIBSON |
| ERIC J. HOLCOMB, ROBERT E. CARTER, JR., DR. DAUSS, DENNIS REAGAL, INDIANA DEPARTMENT OF CORRECTIONS, CENTURION MEDICAL PROVIDER and DENNIS REAGLE |
| 1:2022cv01077 |
| May 23, 2022 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Mario Garcia |
| James Patrick Hanlon |
| Tanya Walton Pratt |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 11, 2022. A more recent docket listing may be available from PACER.
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| Filing 22 WAIVER OF SERVICE Returned Executed, filed by ROBERT E. CARTER, JR, DENNIS REAGLE, INDIANA DEPARTMENT OF CORRECTIONS. ROBERT E. CARTER, JR waiver sent on 6/23/2022; DENNIS REAGLE waiver sent on 6/23/2022; INDIANA DEPARTMENT OF CORRECTIONS waiver sent on 6/23/2022. (Strahan, Adam) |
| Filing 21 NOTICE of Appearance by Adam Jeffery Strahan on behalf of Defendants ROBERT E. CARTER, JR, INDIANA DEPARTMENT OF CORRECTIONS, DENNIS REAGLE. (Strahan, Adam) |
Filing 20
Order on Multi-Plaintiff Litigation and Addressing Plaintiffs' Filing Fees - All plaintiffs continue to proceed as joint plaintiffs. Accordingly, the Court shall permit the plaintiffs one final opportunity, through August 2, 2022, to complete the aforementioned actions to resolve the filing fees for this action. Failure to do so within this extended time frame will result in the dismissal of those plaintiffs from this action. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 7/5/2022.(JRB)
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| Filing 19 Documents to be Sent via Electronic Notice TO: 1) Robert E. Carter, Jr., 2) Warden Dennis Reagle, 3) Indiana Department of Correction - re #17 Order, #6 Complaint, #18 NOTICE of Lawsuit & Waiver Issued by Clerk Electronic Notice to IDOC. (DWH) |
| Filing 18 NOTICE of Lawsuit & Waiver Issued by Clerk TO: 1) Robert E. Carter, Jr., 2) Warden Dennis Reagle, 3) Indiana Department of Correction. (DWH) |
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Filing 17
ORDER SCREENING COMPLAINT, DISMISSING INSUFFICIENT CLAIMS, SEVERING CLAIMS, AND DIRECTING SERVICE OF PROCESS - Plaintiffs' Eighth Amendment conditions of confinement and state law negligence claims related to the failure to provide safe water shall proceed against IDOC Commissioner Carter and Warden Reagle. Their claims related to violations of the Safe Drinking Water Act shall proceed against the IDOC and IDOC Commissioner Carter. All other claims are dismissed for failure to state a claim upon which relief may be granted or are identified as misjoined as explained in Part III of this Order. The clerk is directed to correct the spelling of the Warden's name to reflect, "Warden Reagle." The clerk is directed to terminate defendant Eric Holcomb as a defendant on the docket. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to IDOC Commissioner Carter, Warden Reagle, and the IDOC in the manner specified by Rule 4(d). Process shall consist of the complaint and attached exhibits (dockets 6 and 6-1), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order (SEE ORDER FOR DETAILS). Signed by Judge James Patrick Hanlon on 6/23/2022. Copies distributed pursuant to distribution list. (DWH)
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Filing 16
ORDER granting in part and denying in part #7 Motion for Leave to Proceed in forma pauperis; granting in part and denying in part #8 Motion for Leave to Proceed in forma pauperis; denying #9 Motion for Leave to Proceed in forma pauperis; granting in part and denying in part #10 Motion for Leave to Proceed in forma pauperis; granting in part and denying in part #11 Motion for Leave to Proceed in forma pauperis. In summary, the Court has discussed the downsides of multiple prisoner litigation in Part I of this Order. In view of these challenges, each plaintiff shall have through June 29, 2022, to notify the Court if he would like to voluntarily dismiss this action without prejudice.The plaintiffs' motions for leave to proceed in forma pauperis at dkts. #7 , #8 , #10 , and #11 , are granted to the extent that that each plaintiff is responsible for remitting payment of the initial partial filing fees as outlined in Part II of this Order. The plaintiffs shall have through June 29, 2022, in which to pay their individually assessed initial partial filing fees to the clerk of the district court. Failure to remit payment of the filing fee by this deadline may subject a plaintiff to dismissal from this action.The clerk is directed to seal the motion at dkt. #8 . Plaintiff Samelton's motion for leave to proceed in forma pauperis at dkt. #9 is denied as presented. Mr. Samelton shall have through June 29, 2022, to either pay the $402.00 filing fee or renew his motion for leave to proceed in forma pauperis by filing a statement of his inmate trust account transactions for the previous six months. Mr. Samelton's failure to pay the filing fee or renew his motion for in forma pauperis status by this deadline may subject him to dismissal from this action. ***SEE ORDER FOR ADDITIONAL INFORMATION*** Signed by Judge James Patrick Hanlon on 6/3/2022. (JDC)
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| Filing 15 NOTICE of Reassignment of Case to Judge James Patrick Hanlon and Magistrate Judge Matthew P. Brookman. Judge Tanya Walton Pratt, Magistrate Judge Mario Garcia is no longer assigned to this case. Please include the new case number, 1:22-cv-01077-JPH-MPB, on all future filings in this matter (RSF) |
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Filing 14
ORDER REASSIGNING RELATED CASE - This civil action is related to Cause Number 1:21-cv-03120-JPH-MPB, because both cases arise out of the plaintiffs' alleged exposure to unsafe water at Pendleton Correctional Facility. Pursuant to Local Rule 40-1(e) of the Southern District of Indiana, the clerk is directed to reassign this case to Judge James P. Hanlon and Magistrate Judge Matthew P. Brookman for all further proceedings. Signed by Judge Tanya Walton Pratt on 5/27/2022.(RSF)
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| Filing 13 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. (JRT) |
| Filing 12 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JSR) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff CHRISTOPHER GIBSON. (Attachments: #1 Exhibit Trust Account Statement)(JSR) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff ANTHONY STEWART. (Attachments: #1 Exhibit Trust Account Statement)(JSR) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff ISAIAH SAMELTON. (Attachments: #1 Exhibit Trust Account Statement)(JSR) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff TERRY THOMAS. (Attachments: #1 Exhibit Trust Account Statement)(JSR) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff MONTERIO MACK. (Attachments: #1 Exhibit Trust Account Statement)(JSR) |
| Filing 6 COMPLAINT against ROBERT E. CARTER, JR, CENTURION MEDICAL PROVIDER, DAUSS, ERIC J. HOLCOMB, INDIANA DEPARTMENT OF CORRECTIONS, DENNIS REAGAL, filed by ISAIAH SAMELTON, TERRY THOMAS, MONTERIO MACK, ANTHONY STEWART, CHRISTOPHER GIBSON. (No fee paid with this filing) (Attachments: #1 Exhibit, #2 Notice of Lawsuit and Request for Waiver of Service of Summons)(JSR) |
| Filing 5 CONSENT to Prisoner E-Service by CHRISTOPHER GIBSON located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by CHRISTOPHER GIBSON 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. (JSR) |
| Filing 4 CONSENT to Prisoner E-Service by ANTHONY STEWART located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by ANTHONY STEWART 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. (JSR) |
| Filing 3 CONSENT to Prisoner E-Service by ISAIAH SAMELTON located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by ISAIAH SAMELTON 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. (JSR) |
| Filing 2 CONSENT to Prisoner E-Service by TERRY THOMAS located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by TERRY THOMAS 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. (JSR) |
| Filing 1 CONSENT to Prisoner E-Service by MONTERIO MACK located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by MONTERIO MACK 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. (JSR) |
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