OWENS, BARNETT, RODRIGUEZ, WRIGHT, AYON v. CARTER et al
| TERELL OWENS, CAMEUS BARNETT, THADDEUS RODRIGUEZ, HENRY WRIGHT and MANUEL AYON |
| ERIC J. HOLCOMB, ROBERT E. CARTER, JR., DAUSS, DENNIS REAGAL, INDIANA DEPARTMENT OF CORRECTIONS, CENTURION MEDICAL PROVIDER and DENNIS REAGLE |
| 1:2022cv01160 |
| June 8, 2022 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| James Patrick Hanlon |
| Debra McVicker Lynch |
| 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 3, 2022. A more recent docket listing may be available from PACER.
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| Filing 29 MOTION to Sever, filed by Plaintiff HENRY WRIGHT. (CKM) |
Filing 28
ORDER ON PLAINTIFFS' MOTIONS FOR COURT ASSISTANCE - The Court now GRANTS the Plaintiffs' motions for Court's assistance, dkts. #25 , #26 , and #27 , such that the clerk is directed to send to Plaintiffs Barnett, Rodriguez, and Ayon, a copy of the public docket sheet for this action, along with their copies of this Order. The Plaintiffs can use the public docket sheet to identify docket entries that they have not received, and then, they may file motions for copies of those specifically identified entries. Further, the Court will extend the deadline for the Plaintiffs to resolve the filings fees for this action through September 1, 2022. The clerk is directed to send to Plaintiffs Barnett, Rodriguez, and Ayon, a copy of the Court's Order of June 28, 2022, at docket 20. The Plaintiffs are directed to review the Order at docket 20 and take the appropriate outlined action to resolve the assessed initial partial filing fees or to pursue in forma pauperis status. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 8/3/2022. (Attachments: #1 Docket Sheet, #2 #20 ) (JRB)
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| Filing 27 MOTION for Court Assistance, filed by Plaintiff THADDEUS RODRIGUEZ. (DWH) |
| Filing 26 MOTION for Court Assistance, filed by Plaintiff CAMEUS BARNETT. (DWH) |
| Filing 25 MOTION for Court Assistance, filed by Plaintiff MANUEL AYON. (DWH) |
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Filing 24
ORDER NOTIFYING PLAINTIFFS OF OPPORTUNITY FOR REPRESENTATION BY COUNSEL - To implement this Order, the following steps shall be taken: 1) Mr. Laker will contact Plaintiffs to discuss his potential representation. Nothing in this Order requires Plaintiffs 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 Plaintiffs 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)S
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| Filing 23 NOTICE of Appearance by Eric Ryan Shouse on behalf of Defendants ROBERT E. CARTER, JR, INDIANA DEPARTMENT OF CORRECTIONS, DENNIS REAGLE. (Shouse, Eric) |
| 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) |
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Filing 20
Order on Multi-Plaintiff Litigation, Addressing Motions for Leave to Proceed In Forma Pauperis, and Directing Further Proceedings. ORDER granting to the extent [8, 9 and 12] Motions for Leave to Proceed in forma pauperis and denying as presented [10 and 11] Motion for Leave to Proceed in forma pauperis. Plaintiffs shall have through July 28, 2022, to notify the Court if he would like to voluntarily dismiss this action without prejudice (SEE ORDER for additional details). Signed by Judge James Patrick Hanlon on 6/28/2022 Copy to Finance (CBU)
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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, #18 NOTICE of Lawsuit & Waiver Issued by Clerk, #6 Complaint 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 NOTICE of Reassignment of Case to Judge James Patrick Hanlon and Magistrate Judge Matthew P. Brookman. Judge Tanya Walton Pratt, Magistrate Judge Debra McVicker Lynch is no longer assigned to this case. Please include the new case number, 1:22-cv-01160-JPH-MPB, on all future filings in this matter. (JSR) |
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Filing 15
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 6/10/2022.(AKH)
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| Filing 14 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 13 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JSR) |
| Filing 12 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff MANUEL AYON. (Attachments: #1 Exhibit Trust Account Statement)(JSR) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff HENRY WRIGHT. (JSR) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff THADDEUS RODRIGUEZ. (JSR) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff CAMEUS BARNETT. (Attachments: #1 Exhibit Trust Account Statement)(JSR) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff TERELL OWENS. (Attachments: #1 Exhibit Trust Account Statement)(JSR) |
| Filing 7 MEMORANDUM of Law in Support of Complaint, filed by Plaintiffs MANUEL AYON, CAMEUS BARNETT, TERELL OWENS, THADDEUS RODRIGUEZ, HENRY WRIGHT. (JSR) |
| Filing 6 COMPLAINT against ROBERT E. CARTER, JR, CENTURION MEDICAL PROVIDER, DAUSS, ERIC J. HOLCOMB, INDIANA DEPARTMENT OF CORRECTIONS, DENNIS REAGAL, filed by THADDEUS RODRIGUEZ, CAMEUS BARNETT, TERELL OWENS, HENRY WRIGHT, MANUEL AYON. (No fee paid with this filing) (Attachments: #1 Exhibit Environmental Hazards at Pendleton Correctional Facility, #2 Proposed Summons)(JSR) |
| Filing 5 CONSENT to Prisoner E-Service by MANUEL AYON located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by MANUEL AYON 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 HENRY WRIGHT located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by HENRY WRIGHT 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 THADDEUS RODRIGUEZ located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by THADDEUS RODRIGUEZ 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 CAMEUS BARNETT located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by CAMEUS BARNETT 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 TERELL OWENS located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by TERELL OWENS 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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