CLEMON v. CARTER et al
| MANUEL CLEMON |
| ERIC J. HOLCOMB, ROBERT E. CARTER, JR., DAUSS, DENNIS REAGAL, CENTURION MEDICAL PROVIDER, DENNIS REAGLE and INDIANA DEPARTMENT OF CORRECTION |
| 1:2022cv01307 |
| June 30, 2022 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Matthew P Brookman |
| James Patrick Hanlon |
| Richard L Young |
| 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 17, 2022. A more recent docket listing may be available from PACER.
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| Filing 17 WAIVER OF SERVICE Returned Executed, filed by INDIANA DEPARTMENT OF CORRECTION, ROBERT E. CARTER, JR, DENNIS REAGLE. INDIANA DEPARTMENT OF CORRECTION waiver sent on 7/25/2022; ROBERT E. CARTER, JR waiver sent on 7/25/2022; DENNIS REAGLE waiver sent on 7/25/2022. (Shouse, Eric) |
| Filing 16 NOTICE of Appearance by Eric Ryan Shouse on behalf of Defendants ROBERT E. CARTER, JR, INDIANA DEPARTMENT OF CORRECTION, DENNIS REAGLE. (Shouse, Eric) |
Filing 15
ORDER on Motion to Proceed In Forma Pauperis - The plaintiff's motion to proceed in forma pauperis, dkt. #14 , is granted to the extent that the plaintiff is assessed an initial partial filing fee of Seven Dollars and Sixty-Four Cents ($7.64). See 28 U.S.C. 1915(b)(1). The plaintiff shall have through September 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. Signed by Judge James Patrick Hanlon on 8/16/2022. (DWH)
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| Filing 14 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff MANUEL CLEMON. (Attachments: #1 Exhibit - Offender Trust Fund Activity)(DWH) |
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Filing 13
ORDER REGARDING FILING FEE - The Court will permit Mr. Clemon one final opportunity, through September 9, 2022, to pay the full filing fee or to file a motion for leave to proceed in forma pauperis. Failure to take either action by this deadline will result in the dismissal of this action without further warning or opportunity to show cause. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 8/10/2022.(JRB)
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Filing 12
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 11 Documents to be Sent via Electronic Notice - re #2 Complaint, #10 NOTICE of Lawsuit & Waiver Issued by Clerk, #9 Order Electronic Notice to IDOC. (AKH) |
| Filing 10 NOTICE of Lawsuit & Waiver Issued by Clerk upon: 1) Robert E. Carter, Jr., 2) Warden Dennis Reagle, 3) Indiana Department of Correction. (AKH) |
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Filing 9
ORDER SCREENING COMPLAINT, DISMISSING INSUFFICIENT CLAIMS, SEVERING CLAIMS, AND DIRECTING SERVICE OF PROCESS - Manuel Clemon, an Indiana Department of Correction inmate, alleges that the water at Pendleton Correctional Facility where he is housed is contaminated and unsafe to use and drink. Mr. Clemon claims that he was and continues to be exposed to and harmed by the contaminated water. Dkt. #2 . He brings claims under the Eighth Amendment and the federal Safe Drinking Water Act alleging that he was exposed to an environmental hazard, and additional claims under the First and Eighth Amendment alleging that he was denied medical care and retaliated against for complaining about the contaminated water. Because Mr. Clemon is a "prisoner", this Court has an obligation to screen his complaint. Mr. Clemon'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 add Indiana Department of Correction as a defendant on the docket. 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). Signed by Judge James Patrick Hanlon on 7/25/2022.(AKH)
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| Filing 8 NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through August 9, 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 Form Motion for IFP) (MEH) |
| Filing 7 NOTICE of Reassignment of Case to Judge James Patrick Hanlon and Magistrate Judge Matthew P. Brookman. Judge Richard L. Young, Magistrate Judge Tim A. Baker is no longer assigned to this case. Please include the new case number, 1:22-cv-1307-JPH-MPB, on all future filings in this matter. (JRB) |
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Filing 6
ORDER REASSIGNING CASE. Clerk is directed to reassign case to Judge James P. Hanlon and Magistrate Judge Matthew P. Brookman for all further proceedings. This case is related to 1:21-cv-3120-JPH-MPB. Judge Richard L. Young and Magistrate Judge Tim A. Baker no longer assigned to case. Use updated case number 1:22-cv-1307-JPH-MPB on all future filings. Signed by Judge Richard L. Young on 7/5/2022.(JRB)
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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. (JSR) |
| Filing 3 MEMORANDUM of Law in Support of Complaint, filed by Plaintiff MANUEL CLEMON. (JSR) |
| Filing 2 COMPLAINT against ROBERT E. CARTER, JR, CENTURION MEDICAL PROVIDER, DAUSS, ERIC J. HOLCOMB, DENNIS REAGAL, filed by MANUEL CLEMON. (No fee paid with this filing) (Attachments: #1 Exhibit A, B, and C)(JSR) |
| Filing 1 CONSENT to Prisoner E-Service by MANUEL CLEMON located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by MANUEL CLEMON 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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