HARDING v. CARTER et al
| STEVEN T. HARDING |
| ERIC J. HOLCOMB, ROBERT E. CARTER, JR., DAUSS, DENNIS REAGAL, INDIANA DEPARTMENT OF CORRECTIONS, CENTURION MEDICAL PROVIDER and DENNIS REAGLE |
| 1:2022cv01118 |
| June 1, 2022 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| James Patrick Hanlon |
| Debra McVicker Lynch |
| James R Sweeney |
| 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 28, 2022. A more recent docket listing may be available from PACER.
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Filing 26
ORDER NOTIFYING PLAINTIFF OF OPPORTUNITY FOR REPRESENTATION BY COUNSEL - To implement this Order, the following steps shall be taken: 1) Mr. Laker will contact Plaintiff to discuss his potential representation. Nothing in this Order requires Plaintiff to agree to representation--he is welcome to continue to proceed pro se, or to pursue retention of different counsel on his own. 2) Mr. Laker shall have through October 26, 2022, in which to file an exparte Notice stating whether he has been engaged by Plaintiff to represent him in this case. If an agreement has been reached, Mr. Laker shall file a copy of the attorney-client agreement consistent with S.D. L.R. 87(f). Mr. Laker's contact information is provided in the distribution portion of this Order (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 7/28/2022. Copy to Gregory L. Laker via US Mail. (DWH)
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| Filing 25 NOTICE of Appearance by Eric Ryan Shouse on behalf of Defendants ROBERT E. CARTER, JR, INDIANA DEPARTMENT OF CORRECTIONS, DENNIS REAGLE. (Shouse, Eric) |
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Filing 24
ORDER Directing Monthly Payments be made from Prison Account of STEVEN T. HARDING, 180499. Plaintiff's custodian is directed to withhold sums from the inmate trust account of STEVEN T. HARDING, 180499, 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-01118-JPH-MPB, should be placed on each payment sent to the Clerk. 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 $287.20. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 7/14/2022.(AAS)
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| Filing 23 RECEIPT #834 for partial filing fee in the amount of $62.80, paid by STEVEN HARDING. (DJH) |
| Filing 22 WAIVER OF SERVICE Returned Executed, filed by INDIANA DEPARTMENT OF CORRECTIONS, ROBERT E. CARTER, JR, DENNIS REAGLE. INDIANA DEPARTMENT OF CORRECTIONS waiver sent on 6/23/2022; ROBERT E. CARTER, JR waiver sent on 6/23/2022; DENNIS REAGLE 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) |
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Filing 20
ORDER granting #19 Motion for Extension of Time to Pay Initial Partial Filing Fee to 7/29/22. Signed by Magistrate Judge Matthew P. Brookman on 7/5/2022. (JRB)
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| Filing 19 MOTION for Extension of Time to 7/29/2022 to pay the filing fee, filed by Plaintiff STEVEN T. HARDING. (CBU) |
| Filing 18 MOTION to Sever the Medical Care and Retaliation Claims, filed by Plaintiff STEVEN T. HARDING. (CBU) |
| Filing 17 Documents to be Sent via Electronic Notice TO: 1) Robert E. Carter, Jr., 2) Warden Dennis Reagle, 3) Indiana Department of Correction - re #15 Order, #2 Complaint, #16 NOTICE of Lawsuit & Waiver Issued by Clerk Electronic Notice to IDOC. (DWH) |
| Filing 16 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 15
ORDER SCREENING COMPLAINT, DISMISSING INSUFFICIENT CLAIMS, SEVERING CLAIMS, AND DIRECTING SERVICE OF PROCESS - Mr. Harding's 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. His 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 2, 2-1, 2-2 and 2-3), 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 14
ORDER on Motion to Proceed In Forma Pauperis - The plaintiff's motion to proceed in forma pauperis, dkt. #13 , is granted to the extent that the plaintiff is assessed an initial partial filing fee of Sixty-Two Dollars and Eighty Cents ($62.80). See 28 U.S.C. 1915(b)(1). The plaintiff shall have through July 8, 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 Patrick Hanlon on 6/9/2022. (DWH)
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| Filing 13 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff STEVEN T. HARDING. (Attachments: #1 Exhibits)(AKH) |
| Filing 12 CONSENT to Jurisdiction to US Magistrate Judge by STEVEN T. HARDING. (JDC) |
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Filing 11
ORDER denying as presented #4 Motion for Leave to Proceed in forma pauperis. The plaintiff shall have through June 30, 2022, to renew his motion for leave to proceed in forma pauperis or pay the $402.00 filing fee for this action. If Mr. Harding fails to renew his motion seeking in forma pauperis status, or in the alternative, fails to pay the full filing fee by this deadline, this action may be subject to dismissal without further warning or opportunity to show cause. Signed by Judge James Patrick Hanlon on 6/8/2022. (CBU)
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Filing 10
ORDER granting #5 Motion for Court Assistance and Copies - Mr. Harding's emergency motion requesting court assistance and copies, dkt. #5 , is granted to the extent that the Court confirms receipt of this filing and the attached exhibits. The clerk is directed to send to Mr. Harding a copy of the public docket sheet and a copy of his motion and attachments filed at dockets 5, 5-1, 5-2, 5-3, and 5-4, along with his copy of this Order. Signed by Magistrate Judge Matthew P. Brookman on 6/7/2022. (Attachments: #1 Docket Sheet, #2 #5 ) (JRB)
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| Filing 9 NOTICE of Reassignment of Case to Judge James Patrick Hanlon and Magistrate Judge Matthew P. Brookman. Judge James R. Sweeney II, Magistrate Judge Debra McVicker Lynch is no longer assigned to this case. Please include the new case number, 1:22-cv-01118-JPH-MPB, on all future filings in this matter. (JSR) |
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Filing 8
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 James R. Sweeney II on 6/2/2022.(JDC)
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| Filing 7 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 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 5 MOTION For Emergency Court Assistance, filed by Plaintiff STEVEN T. HARDING. (Attachments: #1 Exhibit -- Pay Special Attention, #2 Exhibit -- Information About The Contaminated Water At Pendleton Correctional Facility, #3 Exhibit -- Information About Shower Heads That Has Water Filters In Housing Units, #4 Exhibit -- News Articles)(DJH) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff STEVEN T. HARDING. (DJH) |
| Filing 3 BRIEF/MEMORANDUM in Support, re #2 Complaint, filed by Plaintiff STEVEN T. HARDING. (DJH) |
| Filing 2 COMPLAINT against ROBERT E. CARTER, JR, CENTURION MEDICAL PROVIDER, DAUSS, ERIC J. HOLCOMB, INDIANA DEPARTMENT OF CORRECTIONS, and DENNIS REAGAL, filed by STEVEN T. HARDING. (No fee paid with this filing) (Attachments: #1 Exhibit A environmental hazards, #2 Exhibit B Safe Water Drinking Act, #3 Exhibit C Plaintiff Grievances)(DJH) |
| Filing 1 CONSENT to Prisoner E-Service by STEVEN T. HARDING located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by STEVEN T. HARDING 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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