COLEMAN v. MYERS
| MICHALE ANGELO COLEMAN |
| MATTHEW MYERS |
| 1:2022cv01912 |
| September 28, 2022 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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| Filing 30 ANSWER to #25 Amended Complaint , filed by MATTHEW MYERS.(Borek, Rosemary) |
Filing 29
ORDER - Plaintiff Michale Coleman's motion for a jury trial, dkt. [ #21 ], is denied as unnecessary because both parties have demanded a jury trial as provided by Rule 38(b) of the Federal Rules of Civil Procedure. To the extent that Mr. Coleman is understood to request an "immediate" jury trial, the defendants' affirmative defense that Mr. Coleman failed to exhaust his available administrative remedies before filing this lawsuit and the facts regarding the merits of his claims must be developed before a trial is appropriate. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Tim A. Baker on 11/18/2022. (SWM)
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| Filing 28 ENTRY DIRECTING DEVELOPMENT OF EXHAUSTION DEFENSE AND ISSUING PARTIAL STAY - The exhaustion defense will be resolved pursuant to the following schedule. The defendant shall have through December 28, 2022, in which to either (see Entry). The failure to pursue any of these options by the above deadline constitutes an abandonment of the exhaustion defense (see Entry). Copy to Plaintiff via US Mail. Signed by Magistrate Judge Tim A. Baker on 11/16/2022.(SWM) |
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Filing 27
ORDER DENYING WITHOUT PREJUDICE MOTION FOR ASSISTANCE WITH RECRUITING COUNSEL - Plaintiff, Michale Coleman, has filed a motion for assistance recruiting counsel. The Court finds that he has not made a reasonable effort to recruit counsel on his own before seeking the Court's assistance. His motion for assistance with recruiting counsel, dkt. #15 , must therefore be denied. The clerk is directed to send Plaintiff a motion for assistance recruiting counsel form, which he must use if he chooses to renew his motion. (See Order.) Signed by Judge Jane Magnus-Stinson on 11/16/2022. Copies to Plaintiff via US mail. (Attachments: #1 Motion for Assistance Recruiting Counsel Form) (JSR)
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Filing 26
Order Denying Motions for Preliminary Injunction and Motion for Immediate Action - Mr. Coleman has filed two motions for a preliminary injunction and a motion for immediate action related to his mold claims. Mr. Coleman has not demonstrated his entitlement to a preliminary injunction. Accordingly, the motions for a preliminary injunction, dkt. #13 , and dkt. #17 , and the motion for immediate action, dkt. #20 , are each DENIED. (See Order.) Signed by Judge Jane Magnus-Stinson on 11/15/2022. Copy to Plaintiff via US mail. (JSR)
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| Filing 25 AMENDED COMPLAINT against MATTHEW MYERS, filed by MICHALE ANGELO COLEMAN. (Attachments: #1 Envelope)(JSR) |
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Filing 24
Order Granting Motion for Leave to Amend - The motion to amend, dkt. #14 , is granted. The clerk is directed to redocket the proposed amended complaint, dkt. [14-1], as the amended complaint. Mr. Coleman's claims shall continue to proceed as identified in the Court's screening order. Dkt. #7 . (See Order.) Signed by Judge Jane Magnus-Stinson on 11/14/2022. Copy to Plaintiff via US mail. (JSR)
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| Filing 23 RESPONSE in Opposition re #20 MOTION for Immediate Action, filed by Defendant MATTHEW MYERS. (Attachments: #1 Text of Proposed Order)(Borek, Rosemary) |
| Filing 22 REPLY in Support of Motion re #13 MOTION for Preliminary Injunction, #17 MOTION for Preliminary Injunction, filed by Plaintiff MICHALE ANGELO COLEMAN. (Attachments: #1 Exhibit, #2 Envelope)(JSR) |
| Filing 21 MOTION for Jury Trial, filed by Plaintiff MICHALE ANGELO COLEMAN. (Attachments: #1 Envelope)(JSR) |
| Filing 20 MOTION for Immediate Action for Violations, filed by Plaintiff MICHALE ANGELO COLEMAN. (Attachments: #1 Envelope)(JSR) |
| Filing 19 RESPONSE in Opposition re #13 MOTION for Preliminary Injunction, #17 MOTION for Preliminary Injunction , filed by Defendant MATTHEW MYERS. (Attachments: #1 Exhibit Martoccia Dec. with Exhibits A-C, #2 Exhibit Stillabower Dec. with Exhibits A-H, #3 Exhibit Mathis Dec. with Exhibit A, #4 Text of Proposed Order)(Borek, Rosemary) |
| Filing 18 ANSWER to #8 Amended Complaint and Affirmative Defenses, filed by MATTHEW MYERS.(Borek, Rosemary) |
| Filing 17 MOTION for Audit and Preliminary Injunction, filed by Plaintiff MICHALE ANGELO COLEMAN. (Attachments: #1 Envelope)(JSR) |
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Filing 16
ORDER DIRECTING RESPONSE - The Defendant shall have through October 28, 2022, to respond to the Plaintiff's motion for a preliminary injunction. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Tim A. Baker on 10/17/2022.(SWM)
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| Filing 15 MOTION for Appointment of Counsel, filed by Plaintiff MICHALE ANGELO COLEMAN. (Attachments: #1 Envelope)(JSR) |
| Filing 14 MOTION for Leave to Amend Complaint, filed by Plaintiff MICHALE ANGELO COLEMAN. (Attachments: #1 Proposed Amended Complaint, #2 Envelope)(JSR) |
| Filing 13 MOTION for Preliminary Injunction, filed by Plaintiff MICHALE ANGELO COLEMAN. (Attachments: #1 Envelope)(JSR) |
| Filing 12 CONSENT to Jurisdiction to US Magistrate Judge by MICHALE ANGELO COLEMAN. (Attachments: #1 Envelope)(JSR) |
| Filing 11 CONSENT to Jurisdiction to US Magistrate Judge by MICHALE ANGELO COLEMAN. (Attachments: #1 Envelope)(AAS) |
| Filing 10 DEMAND for Trial by Jury, filed by Plaintiff MICHALE ANGELO COLEMAN. (Attachments: #1 Envelope)(AAS) |
| Filing 9 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. (Copy sent to plaintiff via US mail). (JRT) |
| Filing 8 COMPLAINT against MATTHEW MYERS, filed by MICHALE ANGELO COLEMAN.(JSR) |
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Filing 7
Order Screening Complaint and Directing Further Proceedings - Plaintiff Michale Coleman is a pretrial detainee currently incarcerated at the Bartholomew County Jail ("BCJ"). He filed this civil action alleging that he is subjected to unconstitutional conditions of confinement and cannot practice his religion. Mr. Coleman had filed his complaint in state court, but the defendant removed the action to this Court. Dkt. #1 . Because Mr. Coleman is incarcerated, this Court must screen the complaint. This summary of claims includes all of the viable claims identified by the Court. All other claims have been dismissed. If Mr. Coleman believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through October 31, 2022, in which to identify those claims. The clerk is directed to docket the exhibit at docket [1-2] as the complaint in this action. The defendant has been served, and counsel has appeared on his behalf, so no service of process is necessary. Mr. Coleman's negligence, Fourteenth Amendment conditions-of-confinement, First Amendment religious practice, and RLUIPA claims shall proceed against Sheriff Myers in his official capacity. All other claims are dismissed. Nothing in this Order prohibits the filing of a proper motion pursuant to Rule 12 of the Federal Rules of Civil Procedure. (See Order.) Signed by Judge Jane Magnus-Stinson on 9/30/2022. Copy to Plaintiff via US Mail. (JSR)
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| Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. Distributed to plaintiff via mail. (DRB) |
| Filing 5 NOTICE of Appearance by Rosemary L. Borek on behalf of Defendant MATTHEW MYERS. (Borek, Rosemary) |
| Filing 4 DEMAND for Trial by Jury, filed by Defendant MATTHEW MYERS. (Stephenson, James) |
| Filing 3 NOTICE of Appearance by James S. Stephenson on behalf of Defendant MATTHEW MYERS. (Stephenson, James) |
| Filing 2 NOTICE of Compliance with 28 U.S.C. Section 1446(d), filed by Defendant MATTHEW MYERS, re #1 Notice of Removal. (Attachments: #1 State court notice of removal) (Stephenson, James) |
| Filing 1 NOTICE OF REMOVAL from Bartholomew Superior 1, case number 03D01-2209-PL-4408, filed by MATTHEW MYERS. (Filing fee $402, receipt number AINSDC-7298173) (Attachments: #1 State Court Record Docket sheet,Appearance of Michale Coleman, Motion to Waive Filing Fees-Process of Service, Tort Claim-Complaint, Process Receipt and Return of Sheriff Myers, Order recusing Hon. James D. Worton, Process Receipt and Return, Sheriff Myers, Notice to Special Judge and Directive to Parties appoinging Hon. Bruce A. MacTavish as Special Judge, Special Judge Assumes Jurisdiction, Order Denying Fee Waiver, Appearance of James S. Stephenson, Jury Demand, Motion for Enlargement of Time, Appearance of Rosemary L. Borek, Order Enlarging Time to Respond to Complaint), #2 Complaint (separate), #3 Civil Cover Sheet)(Stephenson, James) |
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| Plaintiff: MICHALE ANGELO COLEMAN | |
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| Defendant: MATTHEW MYERS | |
| Represented By: | James S. Stephenson |
| Represented By: | Rosemary L. Borek |
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