WEBSTER v. CARTER JR. et al
| TOBY L. WEBSTER |
| ROBERT E. CARTER JR., DAUSS, DENNIS REAGAL, INDIANA DEPARTMENT OF CORRECTIONS, CENTURION MEDICAL PROVIDER and DENNIS REAGLE |
| 1:2022cv02374 |
| December 9, 2022 |
| U.S. District Court for the Southern District of Indiana |
| Tim A Baker |
| 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 15 WAIVER OF SERVICE Returned Executed, filed by DENNIS REAGLE, ROBERT E. CARTER JR., INDIANA DEPARTMENT OF CORRECTIONS. 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 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
ORDER NOTIFYING PLAINTIFF OF OPPORTUNITY FOR REPRESENTATION BY COUNSEL. See Order for details. Signed by Judge James Patrick Hanlon on 1/5/2023 (Copy mailed to Gregory Laker).(LBT)
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| Filing 12 Documents to be Sent via Electronic Notice - re #2 Complaint, #11 NOTICE of Lawsuit & Waiver Issued by Clerk, #10 Order Electronic Notice to IDOC. (LBT) |
| Filing 11 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 10
ORDER SCREENING COMPLAINT, DISMISSING INSUFFICIENT CLAIMS, SEVERING CLAIMS, AND DIRECTING SERVICE OF PROCESS - Mr. Webster's 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. Mr. Webster shall have through January 31, 2023, to notify the Court whether he wishes the Court to sever the medical care and retaliation claims alleged against Dr. Dauss and Centurion into a new action. 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 and relevant exhibits (dockets 2 and 2-1), 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 details. Signed by Judge James Patrick Hanlon on 1/5/2023.(LBT)
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| 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. (JRT) |
| Filing 8 NOTICE of Reassignment of Case to Magistrate Judge Matthew P. Brookman. Magistrate Judge Tim A. Baker is no longer assigned to this case. Please include the new case number, 1:22-cv-2374-JPH-MPB, on all future filings in this matter. (DRB) |
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Filing 7
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. Pursuantto 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. Signed by Judge James Patrick Hanlon on 12/13/2022.(JDC)
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| Filing 6 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DRB) |
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Filing 5
Order on In Forma Pauperis Status - The plaintiff's motion to proceed in forma pauperis, dkt. #3 , is granted. Although the plaintiff is excused from pre-paying the full filing fee, he still must pay the three hundred and fifty dollar ($350.00) filing fee pursuant to the statutory formula set forth in 28 U.S.C. 1915(b)(2) when able. See 28 U.S.C. 1915(b)(1) ("the prisoner shall be required to pay the full amount of a filing fee."). The assessment of even an initial partial filing fee is waived because the plaintiff has no assets and no means by which to pay a partial filing fee. 28 U.S.C. 1915(b)(4). Accordingly, no initial partial filing fee is due at this time. Signed by Judge James Patrick Hanlon on 12/12/2022. (JDC)
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| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DRB) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff TOBY L. WEBSTER. (Attachments: #1 Exhibit)(DRB) |
| Filing 2 COMPLAINT against ROBERT E. CARTER JR., CENTURION MEDICAL PROVIDER, DAUSS, INDIANA DEPARTMENT OF CORRECTIONS, DENNIS REAGAL, filed by TOBY L. WEBSTER. (No fee paid with this filing) (DRB) (Main Document 2 replaced on 12/9/2022) (DRB). (Additional attachment(s) added on 12/9/2022: #1 Exhibit, #2 Exhibit) (DRB). |
| Filing 1 CONSENT to Prisoner E-Service by TOBY L. WEBSTER located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by TOBY L. WEBSTER 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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