EDWARDS v. HOLCOMB et al
| ADRIAN EDWARDS |
| ERIC J. HOLCOMB, ROBERT E. CARTER, JR., DAUSS, DENNIS REAGLE, INDIANA DEPARTMENT OF CORRECTIONS and CENTURION MEDICAL PROVIDER |
| 1:2022cv02357 |
| December 7, 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 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 10, 2023. A more recent docket listing may be available from PACER.
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Filing 16
ORDER on Motion to Proceed In Forma Pauperis - The plaintiff's motion to proceed in forma pauperis, dkt. #13 , is granted to the extent that the plaintiff is assessed an initial partial filing fee of Fourteen Dollars and Fifty-Three Cents ($14.53). See 28 U.S.C. 1915(b)(1). The plaintiff shall have through February 7, 2023, 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 1/10/2022. Copy to Plaintiff via US Mail. (DWH)
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| Filing 15 WAIVER OF SERVICE Returned Executed, filed by INDIANA DEPARTMENT OF CORRECTIONS, ROBERT E. CARTER, JR, DENNIS REAGLE. INDIANA DEPARTMENT OF CORRECTIONS waiver sent on 1/5/2023; ROBERT E. CARTER, JR waiver sent on 1/5/2023; DENNIS REAGLE waiver sent on 1/5/2023. (Shouse, Eric) |
| Filing 14 NOTICE of Appearance by Eric Ryan Shouse on behalf of Defendants ROBERT E. CARTER, JR, INDIANA DEPARTMENT OF CORRECTIONS, DENNIS REAGLE. (Shouse, Eric) |
| Filing 13 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff ADRIAN EDWARDS. (Attachments: #1 Exhibit Trust Fund Offender Activity)(AKH) |
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Filing 12
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).(LBT)
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| Filing 11 Documents to be Sent via Electronic Notice - re #1 Complaint, #10 NOTICE of Lawsuit & Waiver Issued by Clerk, #9 Order Electronic Notice to IDOC. (LBT) |
| Filing 10 NOTICE of Lawsuit & Waiver Issued by Clerk as to 1) Robert E. Carter, Jr.; 2) Warden Dennis Reagle; 3) Indiana Department of Correction. (LBT) |
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Filing 9
ORDER SCREENING COMPLAINT, DISMISSING INSUFFICIENT CLAIMS, SEVERING CLAIMS, AND DIRECTING SERVICE OF PROCESS - Mr. Edwards' 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 terminate defendant 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 exhibits (dockets 1, 1-1, 1-2, 1-3, and 1-4), 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 (Copy mailed to Plaintiff).(LBT)
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| Filing 8 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 to plaintiff by U.S. Mail. (MEH) |
| Filing 7 NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through January 9, 2023, 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 6 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-2357-JPH-MPB, on all future filings in this matter. (DRB) |
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Filing 5
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 civil action is related to Cause Number 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 12/9/2022. Copy to Plaintiff via US mail. (JSR)
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| Filing 4 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DJH) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 2 DECLARATION of ADRIAN EDWARDS in Support of #1 Complaint. (DJH) |
| Filing 1 COMPLAINT against ROBERT E. CARTER, JR, CENTURION MEDICAL PROVIDER, DAUSS, ERIC J. HOLCOMB, INDIANA DEPARTMENT OF CORRECTIONS, and DENNIS REAGLE, filed by ADRIAN EDWARDS. (No fee paid with this filing) (Attachments: #1 Exhibit A Environmental Hazards At Pendleton Correctional Facility, #2 Exhibit B The Safe Drinking Water Act, #3 Exhibit C Grievances, #4 Exhibit D Medical Documents)(DJH) |
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