BOATMAN, HOLMES, MORRIS, SMITH v. CARTER et al
| MAURICE BOATMAN, MARQUES HOLMES, DAVID MORRIS and DWAYNE SMITH |
| ROBERT E. CARTER, JR., DR. DAUSS, DENNIS REGAL, CENTURION MEDICAL PROVIDER, DENNIS REAGLE and INDIANA DEPARTMENT OF CORRECTION |
| 1:2022cv01896 |
| September 26, 2022 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| James Patrick Hanlon |
| Debra McVicker Lynch |
| 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 November 8, 2022. A more recent docket listing may be available from PACER.
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Filing 18
Order on Multi-Plaintiff Litigation and Addressing Plaintiffs' Filing Fees - The Court has not received notification from any of the Plaintiffs, thus, all Plaintiffs continue to proceed as joint Plaintiffs. Accordingly, the Court shall permit the Plaintiffs one final opportunity, through December 8, 2022, to complete either of these actions to resolve the filing fees for this action. Failure to do so within this extended time frame will result in the dismissal of those Plaintiffs from this action. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 11/8/2022.(JRB)
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| Filing 17 WAIVER OF SERVICE Returned Executed, filed by DENNIS REAGLE, INDIANA DEPARTMENT OF CORRECTION, ROBERT E. CARTER, JR. DENNIS REAGLE waiver sent on 10/11/2022; INDIANA DEPARTMENT OF CORRECTION waiver sent on 10/11/2022; ROBERT E. CARTER, JR waiver sent on 10/11/2022. (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 Documents to be Sent via Electronic Notice TO: 1) Robert E. Carter, Jr.; 2) Warden Dennis Reagle; 3) Indiana Department of Correction re #12 Order, #5 Complaint, #14 NOTICE of Lawsuit & Waiver Issued by Clerk Electronic Notice to IDOC. (DWH) |
| Filing 14 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 13
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 November 28, 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 10/7/2022. Courtesy Copy to Attorney Gregory L. Laker via US Mail. (DWH)
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Filing 12
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 update the docket as follows: "Warden Dennis Reagle." The clerk is directed to add as a defendant the Indiana Department of Correction. 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 5 and 5-1), 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 10/7/2022. Copies distributed pursuant to distribution list. (DWH)
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Filing 11
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 prisoner litigation in Part I of this Order. In view of these challenges, each plaintiff shall have through November 7, 2022, to notify the Court if he would like to voluntarily dismiss this action without prejudice. Plaintiff Boatman's motion for leave to proceed in forma pauperis, dkt. #6 , is granted. Plaintiffs Holmes, Morris, and Smith's motions for leave to proceed in forma pauperis, dkts. #7 , #8 , and #9 , are denied as presented. These Plaintiffs shall have through November 7, 2022, to either pay the $402.00 filing fee or to renew their motions for leave to proceed in forma pauperis by filing their inmate trust account statements with their transactions for the previous six months. Failure to pay the filing fee or to renew a motion for in forma pauperis status by this deadline, may subject a plaintiff to dismissal from this action (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 10/7/2022. (DWH)
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| Filing 10 NOTICE of Reassignment of Case to Judge James Patrick Hanlon and Magistrate Judge Matthew P. Brookman. Judge Richard L. Young, Magistrate Judge Debra McVicker Lynch is no longer assigned to this case. Please include the new case number, 1:22-1896-JPH-MPB, on all future filings in this matter. (JRB) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff DWAYNE SMITH. (MEH) Modified on 9/27/2022 (MEH). |
| Filing 8 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff DAVID MORRIS. (MEH) Modified on 9/27/2022 (MEH). |
| Filing 7 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff MARQUES HOLMES. (MEH) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff MAURICE BOATMAN. (Attachments: #1 Exhibit Trust Account)(MEH) |
| Filing 5 COMPLAINT against ROBERT E. CARTER, JR, CENTURION MEDICAL PROVIDER, DR. DAUSS, DENNIS REGAL, filed by DAVID MORRIS, MARQUES HOLMES, MAURICE BOATMAN, DWAYNE SMITH. (No fee paid with this filing) (Attachments: #1 Exhibit, #2 Proposed Notice and Waivers)(MEH) Modified on 9/27/2022 (MEH). |
| Filing 4 CONSENT to Prisoner E-Service by DWAYNE SMITH located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by DWAYNE SMITH 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. (MEH) Modified on 9/27/2022 (MEH). |
| Filing 3 CONSENT to Prisoner E-Service by DAVID MORRIS located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by DAVID MORRIS 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. (MEH) Modified on 9/27/2022 (MEH). |
| Filing 2 CONSENT to Prisoner E-Service by MARQUES HOLMES located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by MARQUES HOLMES 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. (MEH) Modified on 9/27/2022 (MEH). |
| Filing 1 CONSENT to Prisoner E-Service by MAURICE BOATMAN located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by MAURICE BOATMAN 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. (MEH) Modified on 9/27/2022 (MEH). |
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