BROWN, HINES, WILSON, DOUGLAS v. CARTER et al
| RODNEY BROWN, ANTWAN HINES, HOWARD HARRIS, ANTHONY WILSON and LANCE DOUGLAS |
| ERIC J. HOLCOMB, ROBERT E. CARTER JR., DAUSS, DENNNIS REAGAL, DENNIS REAGLE and INDIANA DEPARTMENT OF CORRECTIONS |
| 1:2022cv02048 |
| October 19, 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 |
| Both |
Docket Report
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This docket was last retrieved on December 13, 2022. A more recent docket listing may be available from PACER.
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| Filing 34 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 33
ORDER GRANTING PLAINTIFF HARRIS' MOTION TO WITHDRAW COMPLAINT - The complaint that initiated this civil rights action pursuant to 42 U.S.C. 1983, filed on October 19, 2022, names five Plaintiffs in the caption. Dkt. 6. In its Order of October 25, 2022, the Court addressed certain aspects of multiple plaintiff litigation and gave each Plaintiff an opportunity to notify the Court whether he would like to voluntarily dismiss this action without prejudice. Dkt. 18 at 3. Now before the Court is Plaintiff Harris' motion to withdraw without prejudice. Accordingly, the Court construes Plaintiff Harris' motion as his timely filed notification of voluntary dismissal. Thus, his motion to withdraw without prejudice, dkt. #30 , is granted such that Mr. Harris is now dismissed as a Plaintiff from this action and his asserted claims are dismissed without prejudice. No partial Judgment shall issue under these circumstances, but the clerk is directed to terminate Howard Harris as a Plaintiff on the docket. Signed by Judge James Patrick Hanlon on 12/1/2022. (DWH)
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Filing 32
ORDER Directing Monthly Payments be made from Prison Account of LANCE DOUGLAS, 202593 - Plaintiff's custodian is directed to withhold sums from the inmate trust account of LANCE DOUGLAS, 202593, 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-02048-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.1 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 $283.35. SEE ORDER. Copy to Warden via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 11/28/2022.(AAS)
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Filing 31
ORDER Directing Monthly Payments be made from Prison Account of ANTHONY WILSON, 132354 - Plaintiff's custodian is directed to withhold sums from the inmate trust account of ANTHONY WILSON, 132354, 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-02048-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 $337.98. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 11/28/2022.(AAS)
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| Filing 30 MOTION to Withdraw Complaint Without Prejudice, filed by Plaintiff HOWARD HARRIS. (JRB) Modified on 12/1/2022 (DWH). |
| Filing 28 RECEIPT #2652 for partial filing fee in the amount of $12.02, paid by ANTHONY WILSON. (DJH) |
| Filing 27 RECEIPT #2649 for partial filing fee in the amount of $66.65, paid by LANCE DOUGLAS. (DJH) |
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Filing 29
ORDER - DENYING PLAINTIFF HARRIS' RENEWED MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS - Plaintiff Howard Harris' renewed motion for leave to proceed in forma pauperis, dkt. #25 , is denied. Mr. Harris' inmate trust account statement reflects that he has sufficient funds to pay the $402.00 filing fee for this action. Accordingly, he shall have through December 9, 2022, in which to pay the full filing fee to the clerk of the Court. Signed by Judge James Patrick Hanlon on 11/21/2022. (DWH)
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| Filing 26 RECEIPT #2629 for filing fee in the amount of $402.00, paid by RODNEY BROWN. (DRB) |
| Filing 25 Renewed MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff HOWARD HARRIS. (Attachments: #1 Exhibit - Inmate Activity Report, #2 Copy of Existing ES Consent)(DWH) |
| Filing 24 WAIVER OF SERVICE Returned Executed, filed by DENNIS REAGLE, INDIANA DEPARTMENT OF CORRECTIONS, ROBERT E. CARTER JR.. DENNIS REAGLE waiver sent on 10/26/2022; INDIANA DEPARTMENT OF CORRECTIONS waiver sent on 10/26/2022; ROBERT E. CARTER JR. waiver sent on 10/26/2022. (Shouse, Eric) |
| Filing 23 NOTICE of Appearance by Eric Ryan Shouse on behalf of Defendants ROBERT E. CARTER JR., INDIANA DEPARTMENT OF CORRECTIONS, DENNIS REAGLE. (Shouse, Eric) |
| Filing 22 Documents to be Sent via Electronic Notice TO: 1) Robert E. Carter, Jr.; 2) Warden Dennis Reagle; 3) Indiana Department of Correction - re #19 Order, #20 NOTICE of Lawsuit & Waiver Issued by Clerk, #6 Complaint Electronic Notice to IDOC. (DWH) |
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Filing 21
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 10/25/2022. Courtesy copy to Gregory L. Laker, Cohen & Malad LLP. (DWH) Modified on 10/26/2022 (DWH).
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| Filing 20 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 19
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 to terminate 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 and 6-1), 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 10/25/2022.(DWH)
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Filing 18
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 28, 2022, to notify the Court if he would like to voluntarily dismiss this action without prejudice. Consistent with Part II of this Order, Plaintiff Brown's motion for leave to proceed in forma pauperis, dkt. #8 , is denied. Plaintiffs Douglas, Hines, and Wilson's motions for leave to proceed in forma pauperis, dkts. #9 , #11 , and #13 , are granted to the extent that each Plaintiff is responsible for remitting payment of the initial partial filing fees as outlined in Part II. Plaintiff Harris' motion for leave to proceed in forma pauperis, dkt. #12 , is denied as presented. The Plaintiffs shall have through November 28, 2022, to take the applicable action outlined in Part II. The clerk is directed to terminate the motion docketed in error at docket #10 (SEE ORDER FOR ADDITIONAL INFORMATION and INSTRUCTIONS). Signed by Judge James Patrick Hanlon on 10/25/2022. (DWH)
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| Filing 17 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. (JRT) |
| Filing 16 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-cv-2048-JPH-MPB, on all future filings in this matter. (JRB) |
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Filing 15
ORDER REASSIGNING RELATED CASE - 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. SEE ORDER. Signed by Judge Richard L. Young on 10/20/2022.(JRB)
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| Filing 14 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DRB) |
| Filing 13 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff ANTHONY WILSON. (Attachments: #1 Exhibit)(DRB) |
| Filing 12 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff HOWARD HARRIS. (DRB) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff ANTWAN HINES. (Attachments: #1 Exhibit)(DRB) |
| Filing 10 TERMINATED per #18 ORDER *** PLEASE DISREGARD DOCKETED IN ERROR ** MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff HOWARD HARRIS. (Attachments: #1 Exhibit)(DRB) Modified on 10/19/2022 (DRB). Modified on 10/26/2022 (DWH). |
| Filing 9 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff LANCE DOUGLAS. (Attachments: #1 Exhibit)(DRB) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff RODNEY BROWN. (Attachments: #1 Exhibit)(DRB) |
| Filing 7 BRIEF/MEMORANDUM in Support, filed by Plaintiffs RODNEY BROWN, LANCE DOUGLAS, HOWARD HARRIS, ANTWAN HINES, ANTHONY WILSON. (DRB) |
| Filing 6 COMPLAINT against ROBERT E. CARTER JR., DAUSS, ERIC J. HOLCOMB, DENNNIS REAGAL, filed by HOWARD HARRIS, ANTWAN HINES, RODNEY BROWN, ANTHONY WILSON, LANCE DOUGLAS. (No fee paid with this filing) (Attachments: #1 Exhibit)(DRB) (Additional attachment(s) added on 10/19/2022: #2 Exhibit) (DRB). |
| Filing 5 CONSENT to Prisoner E-Service by ANTHONY WILSON located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by ANTHONY 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. (DRB) |
| Filing 4 CONSENT to Prisoner E-Service by ANTWAN HINES located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by ANTWAN HINES 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) |
| Filing 3 CONSENT to Prisoner E-Service by HOWARD HARRIS located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by HOWARD HARRIS 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) |
| Filing 2 CONSENT to Prisoner E-Service by LANCE DOUGLAS located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by LANCE DOUGLAS 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) |
| Filing 1 CONSENT to Prisoner E-Service by RODNEY BROWN located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by RODNEY BROWN 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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