FARRIS v. CARTER et al
| JOHN D. FARRIS |
| ROBERT E. CARTER, JR., DAUSS, DENNIS REAGAL, INDIANA DEPARTMENT OF CORRECTIONS, CENTURION MEDICAL PROVIDER and WARDEN DENNIS REAGLE |
| 1:2022cv02249 |
| November 21, 2022 |
| US District Court for the Southern District of Indiana |
| Kellie M Barr |
| Matthew P Brookman |
| James Patrick Hanlon |
| 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 January 11, 2023. A more recent docket listing may be available from PACER.
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| Filing 16 WAIVER OF SERVICE Returned Executed, filed by WARDEN DENNIS REAGLE, ROBERT E. CARTER, JR, INDIANA DEPARTMENT OF CORRECTIONS. WARDEN DENNIS REAGLE waiver sent on 1/5/2023; ROBERT E. CARTER, JR waiver sent on 1/5/2023; INDIANA DEPARTMENT OF CORRECTIONS waiver sent on 1/5/2023. (Shouse, Eric) |
| Filing 15 NOTICE of Appearance by Eric Ryan Shouse on behalf of Defendants ROBERT E. CARTER, JR, INDIANA DEPARTMENT OF CORRECTIONS, WARDEN DENNIS REAGLE. (Shouse, Eric) |
Filing 14
ORDER granting #7 MOTION for Reconsideration re #6 Order on Motion for Leave to Proceed in forma pauperis filed by JOHN D. FARRIS: The Court waives the assessment of an initial partial filing fee. Plaintiff remains obligated to pay the full $350 filing fee. See order. Signed by Judge James Patrick Hanlon on 1/6/2023. (LF)
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| Filing 13 NOTICE of Reassignment of Case to Judge James Patrick Hanlon and Magistrate Judge Matthew P. Brookman. Judge James Patrick Hanlon, Magistrate Judge Kellie M. Barr is no longer assigned to this case. Please include the new case number, 1:22-cv-2249 JPH-MPB, on all future filings in this matter. (LF) |
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Filing 12
ORDER REASSIGNING RELATED CASE: This civil action is related to Cause No. 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 the Magistrate Judge in this case to Magistrate Judge Matthew P. Brookman. See Order. Signed by Judge James Patrick Hanlon on 1/6/2023.(LF)
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Filing 11
ORDER NOTIFYING PLAINTIFF OF OPPORTUNITY FOR REPRESENTATION BY COUNSEL. See Order for details. Signed by Judge James Patrick Hanlon on 1/5/2023. Copies mailed per Distribution list.(LF)
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| Filing 10 Documents to be Sent via Electronic Notice - re #9 NOTICE of Lawsuit & Waiver Issued by Clerk, #2 Complaint, #8 Order Electronic Notice to IDOC. (LF) |
| Filing 9 NOTICE of Lawsuit & Waiver Issued by Clerk (LF) |
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Filing 8
ORDER SCREENING COMPLAINT, DISMISSING INSUFFICIENT CLAIMS, SEVERING CLAIMS, AND DIRECTING SERVICE OF PROCESS: Mr. Farris' 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 update the docket as follows: "Warden Dennis 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 (docket 2), 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 details. Signed by Judge James Patrick Hanlon on 1/5/2023. Copies sent per Distribution list. (LF)
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| Filing 7 MOTION for Reconsideration (Waiver) re #6 Order on Motion for Leave to Proceed in forma pauperis, filed by Plaintiff JOHN D. FARRIS. (DWH) |
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Filing 6
ORDER on Motion to Proceed In Forma Pauperis - The plaintiff's motion to proceed in forma pauperis, dkt. #5 , is granted to the extent that the plaintiff is assessed an initial partial filing fee of Twenty-One Dollars ($21.00). See 28 U.S.C. 1915(b)(1). The plaintiff shall have through January 3, 2023, 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, and the Court will screen the complaint in accordance with 28 U.S.C. 1915A. Signed by Judge James Patrick Hanlon on 12/2/2022. (DWH)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff JOHN D. FARRIS. (Attachments: #1 Exhibit)(JRB) |
| Filing 4 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. (MEH) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 2 COMPLAINT against ROBERT E. CARTER, JR, CENTURION MEDICAL PROVIDER, DAUSS, INDIANA DEPARTMENT OF CORRECTIONS, and DENNIS REAGAL, filed by JOHN D. FARRIS. (No fee paid with this filing) (Attachments: #1 Notice Of Lawsuit And Request For Waiver Of Service Of Summons)(DJH) |
| Filing 1 CONSENT to Prisoner E-Service by JOHN D. FARRIS located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by JOHN D. FARRIS 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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