MITCHELL v. CARTER et al
| LARRY D. MITCHELL |
| ERIC J. HOLCOMB, ROBERT E. CARTER, JR., DAUSS, DENNIS REAGAL, INDIANA DEPARTMENT OF CORRECTIONS, CENTURION MEDICAL PROVIDER and DENNIS REAGLE |
| 1:2022cv01156 |
| June 7, 2022 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Matthew P Brookman |
| 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 August 5, 2022. A more recent docket listing may be available from PACER.
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Filing 22
ORDER REGARDING INITIAL PARTIAL FILING FEE - The Court will permit Mr. Mitchell one final opportunity, through September 6, 2022, to pay the assessed initial partial filing fee to the clerk of the District Court. Failure to resolve the filing fee by this deadline will result in the dismissal of this action without further warning or opportunity to show cause. Signed by Magistrate Judge Matthew P. Brookman on 8/5/2022.(AAS)
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Filing 21
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 20 NOTICE of Appearance by Eric Ryan Shouse on behalf of Defendants ROBERT E. CARTER, JR, INDIANA DEPARTMENT OF CORRECTIONS, DENNIS REAGLE. (Shouse, Eric) |
| Filing 19 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 18 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 17
ORDER granting #16 Motion for Extension of Time to Pay Initial Partial Filing Fee to 7/29/22. Signed by Magistrate Judge Matthew P. Brookman on 7/652022. (JRB)
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| Filing 16 MOTION for Extension of Time to 7/29/2022 to pay the filing fee, filed by Plaintiff LARRY D. MITCHELL. (CBU) |
| Filing 15 MOTION to Sever the Medical Care and Retaliation Claims, filed by Plaintiff LARRY D. MITCHELL. (CBU) |
| Filing 14 CONSENT to Jurisdiction to US Magistrate Judge by LARRY D. MITCHELL. (AKH) |
| Filing 13 Documents to be Sent via Electronic Notice TO: 1) Robert E. Carter, Jr., 2) Warden Dennis Reagle, 3) Indiana Department of Correction - re #12 NOTICE of Lawsuit & Waiver Issued by Clerk, #11 Order, #2 Complaint Electronic Notice to IDOC. (DWH) |
| Filing 12 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 11
ORDER SCREENING COMPLAINT, DISMISSING INSUFFICIENT CLAIMS, SEVERING CLAIMS, AND DIRECTING SERVICE OF PROCESS - Mr. Mitchell'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 and 2-1), 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 10
ORDER granting #9 Motion for Leave to Proceed in forma pauperis. The plaintiff shall have through July 15, 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. (Copy to Financial) Signed by Judge James Patrick Hanlon on 6/17/2022. (JDC)
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| Filing 9 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff LARRY D. MITCHELL. (Attachments: #1 Exhibits)(AKH) |
| Filing 8 NOTICE of Reassignment of Case to Judge James Patrick Hanlon and Magistrate Judge Matthew P. Brookman. Judge Tanya Walton Pratt and Magistrate Judge Tim A. Baker are no longer assigned to this case. Please include the new case number, 1:22-cv-1156-JPH-MPB, on all future filings in this matter. (DJH) |
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Filing 7
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 6/9/2022.(AKH)
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| Filing 6 NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through July 11, 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). A form motion for leave to proceed without the prepayment of the filing fee is being provided for your use. NOTE TO PRISONER - If you seek leave to proceed without prepaying the filing fee, and you are a prisoner, your motion must be accompanied by a copy of the transactions associated with your institution trust account for the 6-month period preceding the filing of this action. (Attachments: #1 Motion For Leave To Proceed In Forma Pauperis) (JRT) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JSR) |
| Filing 4 NOTICE To Court About Plaintiff's Injuries, filed by Plaintiff LARRY D. MITCHELL (JSR) |
| Filing 3 MEMORANDUM of Law in Support of Complaint, filed by Plaintiff LARRY D. MITCHELL. (Attachments: #1 Exhibit)(JSR) |
| Filing 2 COMPLAINT against ROBERT E. CARTER, JR, CENTURION MEDICAL PROVIDER, DAUSS, ERIC J. HOLCOMB, INDIANA DEPARTMENT OF CORRECTIONS, DENNIS REAGAL, filed by LARRY D. MITCHELL. (No fee paid with this filing) (Attachments: #1 Exhibit)(JSR) |
| Filing 1 CONSENT to Prisoner E-Service by LARRY D. MITCHELL located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by LARRY D. MITCHELL 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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