EDWARDS v. CARTER JR. et al
| MURPHY EDWARDS |
| ROBERT E. CARTER JR., DAUSS, DENNIS REAGAL, INDIANA DEPARTMENT OF CORRECTIONS, CENTURION MEDICAL PROVIDER and DENNIS REAGLE |
| 1:2022cv01588 |
| August 10, 2022 |
| US District Court for the Southern District of Indiana |
| Sarah Evans Barker |
| Matthew P Brookman |
| James Patrick Hanlon |
| Doris L Pryor |
| 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 October 7, 2022. A more recent docket listing may be available from PACER.
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| Filing 22 MOTION to Withdraw Attorney Appearance Alexander Carlisle, filed by Defendants ROBERT E. CARTER JR., INDIANA DEPARTMENT OF CORRECTIONS, DENNIS REAGLE. (Attachments: #1 Text of Proposed Order)(Carlisle, Alexander) |
| Filing 21 WAIVER OF SERVICE Returned Executed, filed by INDIANA DEPARTMENT OF CORRECTIONS, ROBERT E. CARTER JR., DENNIS REAGLE. INDIANA DEPARTMENT OF CORRECTIONS waiver sent on 9/14/2022; ROBERT E. CARTER JR. waiver sent on 9/14/2022; DENNIS REAGLE waiver sent on 9/14/2022. (Shouse, Eric) |
| 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 NOTICE of Appearance by Alexander Robert Carlisle on behalf of Defendants ROBERT E. CARTER JR., INDIANA DEPARTMENT OF CORRECTIONS, DENNIS REAGLE. (Carlisle, Alexander) |
Filing 18
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 ex parte 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 9/14/2022. Courtesy copy sent to Attorney Gregory L. Laker via US Mail. (DWH)
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| 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. Edwards' 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 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 ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 9/14/2022. Copies distributed pursuant to distribution list. (DWH)
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Filing 14
ORDER on In Forma Pauperis Status - The plaintiff's motion to proceed in forma pauperis, dkt. #12 , is granted. Although the plaintiff is excused from pre-paying the full filing fee, he still must pay the three hundred and fifty dollar ($350.00) filing fee pursuant to the statutory formula set forth in 28 U.S.C. 1915(b)(2) when able. See 28 U.S.C. 1915(b)(1) ("the prisoner shall be required to pay the full amount of a filing fee."). The assessment of even an initial partial filing fee is waived because the plaintiff has no assets and no means by which to pay a partial filing fee. 28 U.S.C. 1915(b)(4). Accordingly, no initial partial filing fee is due at this time. Signed by Judge James Patrick Hanlon on 9/7/2022. (DWH)
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Filing 13
ORDER denying as moot #11 Motion for Court Assistance - SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 9/7/2022. (JRB)
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| Filing 12 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff MURPHY EDWARDS. (Attachments: #1 Exhibit - Offender Trust Fund Activity)(DWH) |
| Filing 11 MOTION requesting court assistance, filed by Plaintiff MURPHY EDWARDS. (DWH) |
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Filing 10
ORDER Denying as Presented Motion for Leave to Proceed In Forma Pauperis - Plaintiff Murphy Edwards filed this civil right action pursuant to 42 U.S.C. 1983 on August 10, 2022. Dkt. 2. On August 18, 2022, the Court issued a Notice of Deficiency that directed Mr. Edwards to either pay the $402.00 filing fee for this action, or to demonstrate that he lacks the financial ability to do so by filing a motion for leave to proceed in forma pauperis, by September 19, 2022. Dkt. 6. This deadline has not yet passed. On August 22, 2022, Mr. Edwards filed a motion for leave to proceed in forma pauperis, but this motion is incomplete because it is not accompanied by a certified copy of the transactions associated with Mr. Edwards' institution trust account for the 6-month period preceding the filing of this action. See 28 U.S.C. 1915(a)(2). Accordingly, Mr. Edwards' motion, dkt. #7 , is denied as presented. Mr. Edwards shall have through September 19, 2022, to renew his motion for leave to proceed in forma pauperis and to submit the relevant trust account statement with it. If Mr. Edwards fails to renew his motion seeking in forma pauperis status, or in the alternative, fails to pay the $402.00 filing fee for this action within the time permitted, this action may be dismissed without further warning or opportunity to show cause. Signed by Judge James Patrick Hanlon on 8/29/2022. (DWH)
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| Filing 9 NOTICE of Reassignment of Case to Judge James Patrick Hanlon and Magistrate Judge Matthew P. Brookman. Judge Sarah Evans Barker, Magistrate Judge Doris L. Pryor is no longer assigned to this case. Please include the new case number, 1-22-cv-01588-JPH-MPB, on all future filings in this matter. (DRB) |
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Filing 8
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 Sarah Evans Barker and Magistrate Judge Doris L. Pryor no longer assigned to case. Signed by Judge Sarah Evans Barker on 8/25/2022.(CBU)
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| Filing 7 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff MURPHY EDWARDS. (CKM) |
| Filing 6 NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through September 19, 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 CONSENT to Jurisdiction to US Magistrate Judge by MURPHY EDWARDS. (CKM) |
| Filing 4 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 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DRB) |
| Filing 2 COMPLAINT against ROBERT E. CARTER JR., CENTURION MEDICAL PROVIDER, DAUSS, INDIANA DEPARTMENT OF CORRECTIONS, DENNIS REAGAL, filed by MURPHY EDWARDS. (No fee paid with this filing) (Attachments: #1 Exhibit)(DRB) Modified on 8/11/2022 (NLR). |
| Filing 1 CONSENT to Prisoner E-Service by MURPHY EDWARDS located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by MURPHY EDWARDS 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. (DRB) |
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