LANE v. HOLCOMB et al
| MICHAEL V. LANE |
| ERIC J. HOLCOMB, ROBERT E. CARTER JR., DR. DAUSS, DENNIS REAGAL, INDIANA DEPART OF CORRECTIONS, CENTURION MEDICAL PROVIDER and DENNIS REAGLE |
| 1:2022cv01761 |
| September 6, 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 |
| Defendant |
Docket Report
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This docket was last retrieved on October 28, 2022. A more recent docket listing may be available from PACER.
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Filing 17
ORDER Directing Monthly Payments be made from Prison Account of MICHAEL V. LANE, 874279 - Plaintiff's custodian is directed to withhold sums from the inmate trust account of MICHAEL V. LANE, 874279, and to forward such sums to the Clerk of this Court at 46 East Ohio Street, Room 105, Indianapolis, Indiana 46204, consistent with paragraph 2 of this Entry. The appropriate cause number, 1:22-CV-01761-JPH-MPB, should be placed on each payment sent to the Clerk. The sums withheld and forwarded shall be twenty percent (20%) of the preceding month's income credited to the inmate's account. "Income" means all deposits including settlement proceeds, gifts, or bequests from family. Such sums shall be forwarded to the Clerk each time the amount in the inmate's account exceeds Ten Dollars ($10.00) until the filing fee is paid. As of the issuance of this Order, the balance of the filing fee still due in this case is $330.80. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 10/28/2022.(AAS)
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| Filing 16 RECEIPT #2310 for partial filing fee in the amount of $19.20, paid by MICHAEL V. LANE. (DJH) |
| Filing 14 CONSENT to Prisoner E-Service by MICHAEL V. LANE located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by MICHAEL V. LANE 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. (CKM) |
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Filing 13
ORDER on Motion to Proceed In Forma Pauperis - The plaintiff's motion to proceed in forma pauperis, dkt. #10 , is granted to the extent that the plaintiff is assessed an initial partial filing fee of Nineteen Dollars and Twenty Cents ($19.20). See 28 U.S.C. 1915(b)(1). The plaintiff shall have through October 28, 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. Signed by Judge James Patrick Hanlon on 9/29/2022. Copies distributed pursuant to distribution list. (DWH)
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| Filing 12 WAIVER OF SERVICE Returned Executed, filed by INDIANA DEPART OF CORRECTIONS, ROBERT E. CARTER JR., DENNIS REAGLE. INDIANA DEPART OF CORRECTIONS waiver sent on 9/21/2022; ROBERT E. CARTER JR. waiver sent on 9/21/2022; DENNIS REAGLE waiver sent on 9/21/2022. (Shouse, Eric) |
| Filing 11 NOTICE of Appearance by Eric Ryan Shouse on behalf of Defendants ROBERT E. CARTER JR., INDIANA DEPART OF CORRECTIONS, DENNIS REAGLE. (Shouse, Eric) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff MICHAEL V. LANE. (Attachments: #1 Exhibit - Offender Resident Activity Report)(DWH) |
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Filing 9
ORDER NOTIFYING PLAINTIFF OF OPPORTUNITY FOR REPRESENTATION BY COUNSEL - 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 9/21/2022. Copies distributed pursuant to distribution list. (DWH)
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| Filing 8 Documents to be Sent via Electronic Notice TO: 1) Robert E. Carter, Jr.; 2) Warden Dennis Reagle; 3) Indiana Department of Correction - re #6 Order, #1 Complaint, #7 NOTICE of Lawsuit & Waiver Issued by Clerk Electronic Notice to IDOC. (DWH) |
| Filing 7 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 6
ORDER SCREENING COMPLAINT, DISMISSING INSUFFICIENT CLAIMS, SEVERING CLAIMS, AND DIRECTING SERVICE OF PROCESS - Mr. Lane'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 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 1, 1-1, 1-2, and 1-3), 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 9/21/2022. Copies distributed pursuant to distribution list. (DWH)
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| Filing 5 NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through October 12, 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. (Copy sent to plaintiff via US mail). (JRT) |
| Filing 4 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-01761-JPH-MPB, on all future filings in this matter. (DRB) |
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Filing 3
ORDER REASSIGNING RELATED 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-03120-JPH-MPB, because both cases arise out of the plaintiffs' alleged exposure to unsafe water at Pendleton Correctional Facility. Judge Jane Magnus-Stinson and Magistrate Judge Tim A. Baker are no longer assigned to this case. Signed by Judge Jane Magnus-Stinson on 9/12/2022. Copy to Plaintiff via US Mail. (JSR)
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| Filing 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. Distributed to plaintiff via mail. (DRB) |
| Filing 1 COMPLAINT against ROBERT E. CARTER JR., CENTURION MEDICAL PROVIDER, DR. DAUSS, ERIC J. HOLCOMB, INDIANA DEPART OF CORRECTIONS, DENNIS REAGAL, filed by MICHAEL V. LANE. (No fee paid with this filing) (Attachments: #1 Exhibit, #2 Exhibit)(DRB) (Additional attachment(s) added on 9/7/2022: #3 Exhibit, #4 Exhibit) (DRB). |
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