OWENS et al v. CARTER et al
| DAVID OWENS, DAVID HOWARD, MICHAEL WILSON, RYAN RENFROE and CHRISTOPHER LOCKETT |
| ERIC J. HOLCOMB, ROBERT E. CARTER, JR., DAUSS, DENNIS REAGAL, INDIANA DEPARTMENT OF CORRECTIONS, CENTURION MEDICAL PROVIDER and DENNIS REAGLE |
| 1:2022cv01613 |
| August 15, 2022 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Matthew P Brookman |
| James Patrick Hanlon |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on October 11, 2022. A more recent docket listing may be available from PACER.
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| Filing 24 ANSWER to #6 Complaint Affirmative Defenses and Demand for Jury Trial, filed by ROBERT E. CARTER, JR, INDIANA DEPARTMENT OF CORRECTIONS, DENNIS REAGLE.(Shouse, Eric) |
Filing 23
ORDER PERMITTING PLAINTIFFS FINAL OPPORTUNITY TO PAY INITIAL PARTIAL FILING FEES - Plaintiffs Owens, Howard, Wilson, and Lockett shall have one final opportunity, through October 20, 2022, to pay their respective initial partial filing fees for this action. Failure of a Plaintiff to do so by this deadline will result in that Plaintiff's dismissal from this action without further warning or opportunity to show cause. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 9/20/2022.(JRB)
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| 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 8/19/2022; DENNIS REAGLE waiver sent on 8/19/2022; INDIANA DEPARTMENT OF CORRECTIONS waiver sent on 8/19/2022. (Shouse, Eric) |
| Filing 21 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 20
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--they are welcome to continue to proceed pro se, or to pursue retention of different counsel on their 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 Plaintiffs to represent them 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 8/19/2022. Courtesy Copy to Gregory L. Laker via US Mail. (DWH)
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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 #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, 6-1, 6-2, 6-3, and 6-4), 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 8/19/2022. Copies distributed pursuant to distribution list. (DWH)
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Filing 16
ORDER on Multi-Plaintiff Litigation, Addressing Motions for Leave to Proceed In Forma Pauperis, and Directing Further Proceedings - In summary, the Court has discussed the downsides of multiple plaintiff litigation in Part I of this Order. In view of these challenges, each plaintiff shall have through September 19, 2022, to notify the Court if he would like to voluntarily dismiss this action without prejudice. Plaintiff Renfroe's motion for leave to proceed in forma pauperis, dkt. #11 , is granted. No initial partial filing fee is due at this time. Plaintiffs Owens, Howard, Wilson, and Lockett's motions for leave to proceed in forma pauperis, dkts. #8 , #9 , #10 , and #12 , are granted to the extent that each plaintiff is responsible for remitting payment of the initial partial filing fees as outlined in Part II of this Order. These plaintiffs shall have through September 19, 2022, in which to pay their individually assessed initial partial filing fees to the clerk of the district court. Failure to remit payment of the filing fee by this deadline may subject a plaintiff to dismissal from this action (SEE ORDER FOR ADDITIONAL INFORMATION AND INSTRUCTIONS). Signed by Judge James Patrick Hanlon on 8/19/2022. (DWH)
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| Filing 15 NOTICE of Reassignment of Case to Judge James Patrick Hanlon and Magistrate Judge Matthew P. Brookman. Judge Jane Magnus-Stinson, Magistrate Judge Tim A. Baker is no longer assigned to this case. Please include the new case number, 1:22-cv-01613-JPH-MPB, on all future filings in this matter. (DRB) |
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Filing 14
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 Jane Magnus-Stinson on 8/17/2022.(JSR)
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| Filing 13 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 12 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff, CHRISTOPHER LOCKETT. (Attachments: #1 Certificate of Prisoner Account and Resident Activity Report)(DJH) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff, RYAN RENFROE. (Attachments: #1 Certificate of Prisoner Account and Resident Activity Report)(DJH) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff MICHAEL WILSON. (Attachments: #1 Certificate of Prisoner Account and Resident Activity Report)(DJH) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff DAVID HOWARD. (Attachments: #1 Certificate of Prisoner Account and Resident Activity Report)(DJH) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, DAVID OWENS. (Attachments: #1 Resident Activity Report, #2 Official Certificate of Prisoner Account)(DJH) |
| Filing 7 BRIEF/MEMORANDUM in Support re #6 Complaint filed by Plaintiffs DAVID HOWARD, CHRISTOPHER LOCKETT, DAVID OWENS, RYAN RENFROE, MICHAEL WILSON. (DJH) |
| Filing 6 COMPLAINT against ROBERT E. CARTER, JR, CENTURION MEDICAL PROVIDER, DAUSS, ERIC J. HOLCOMB, INDIANA DEPARTMENT OF CORRECTIONS, DENNIS REAGAL, filed by MICHAEL WILSON, DAVID HOWARD, DAVID OWENS, RYAN RENFROE, and CHRISTOPHER LOCKETT. (No fee paid with this filing) (Attachments: #1 Exhibit A Environmental Hazards At Pendleton Correctional Facility, #2 Exhibit B The Safe Drinking Water Act, #3 Exhibit C Grievances, #4 Exhibit D Medical Documents, #5 proposed Notices of Lawsuit and Requests for Waivers of Service of Summons)(DJH) |
| Filing 5 CONSENT to Prisoner E-Service by CHRISTOPHER LOCKETT located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by CHRISTOPHER LOCKETT 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) |
| Filing 4 CONSENT to Prisoner E-Service by RYAN RENFROE located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by RYAN RENFROE 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) |
| Filing 3 CONSENT to Prisoner E-Service by MICHAEL WILSON located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by MICHAEL WILSON 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) |
| Filing 2 CONSENT to Prisoner E-Service by DAVID HOWARD located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by DAVID HOWARD 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) |
| Filing 1 CONSENT to Prisoner E-Service by DAVID OWENS located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by DAVID 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. (DJH) |
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