EMERSON, POWELL, ANDERSON, JAMES v. CARTER et al
| JERRY EMERSON, DAMON POWELL, CHRISTOPHER ANDERSON and TYWAN JAMES |
| ERIC J. HOLCOMB, ROBERT E. CARTER, JR., DAUSS, DENNIS REAGAL, INDIANA DEPARTMENT OF CORRECTIONS, CENTURION MEDICAL PROVIDER and DENNIS REAGLE |
| 1:2022cv02375 |
| December 9, 2022 |
| US District Court for the Southern District of Indiana |
| Kellie M Barr |
| Matthew P Brookman |
| James Patrick Hanlon |
| Richard L Young |
| 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 24, 2023. A more recent docket listing may be available from PACER.
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Filing 26
ORDER Directing Monthly Payments be made from Prison Account of JERRY EMERSON. Plaintiff's custodian is directed to withhold sums from the inmate trust account of JERRY EMERSON, 146640, 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-02375-JPH-MPB, should be placed on each payment sent to the Clerk. Copy sent to distribution list via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 1/24/23.(JRB)
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Filing 25
ORDER Directing Monthly Payments be made from Prison Account of DAMON POWELL. Plaintiff's custodian is directed to withhold sums from the inmate trust account of DAMON POWELL, 966374, 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-02375-JPH-MPB, should be placed on each payment sent to the Clerk. Copy sent to distribution list via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 1/24/23.(JRB)
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| Filing 24 RECEIPT #3487 for filing fee in the amount of $15.57, paid by DAMON POWELL. (DRB) |
| Filing 23 RECEIPT #3487 for filing fee in the amount of $12.50, paid by JERRY EMERSON. (DRB) |
| Filing 22 WAIVER OF SERVICE Returned Executed, filed by ROBERT E. CARTER, JR, INDIANA DEPARTMENT OF CORRECTIONS, DENNIS REAGLE. ROBERT E. CARTER, JR waiver sent on 1/5/2023; INDIANA DEPARTMENT OF CORRECTIONS waiver sent on 1/5/2023; DENNIS REAGLE waiver sent on 1/5/2023. (Shouse, Eric) |
| Filing 21 NOTICE of Appearance by Eric Ryan Shouse on behalf of Defendants ROBERT E. CARTER, JR, INDIANA DEPARTMENT OF CORRECTIONS, DENNIS REAGLE. (Shouse, Eric) |
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Filing 20
Order on Multi-Plaintiff Litigation, Addressing Motions for Leave to Proceed In Forma Pauperis, and Directing Further Proceedings: 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 January 31, 2023, to notify the Court if he would like to voluntarily dismiss this action without prejudice. Plaintiffs Anderson, Emerson, and Powell's motions for leave to proceed in forma pauperis, dkts. #7 , #8 , and #10 , are granted to the extent that each plaintiff is responsible for remitting payment of the initial partial filing fees as outlined in Part II of this Order. These plaintiffs shall have through January 31, 2023, in which to pay their individually assessed initial partial filing fees to the clerk of the district court. Failure to remit payment of the filing fee by this deadline may subject a plaintiff to dismissal from this action. Plaintiff James' motion for leave to proceed in forma pauperis, dkt. #9 , is denied as presented. Plaintiff James shall have through January 31, 2023, to either pay the $402.00 filing fee or to renew his motion. See Order for details. Signed by Judge James Patrick Hanlon on 1/6/2023. (LF)
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Filing 19
ORDER NOTIFYING PLAINTIFFS OF OPPORTUNITY FOR REPRESENTATION BY COUNSEL. See order for details. Signed by Judge James Patrick Hanlon on 1/5/2023 (Copy mailed to Gregory L. Laker).(LBT)
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| Filing 18 Documents to be Sent via Electronic Notice - re #16 Order, #5 Complaint, #17 NOTICE of Lawsuit & Waiver Issued by Clerk Electronic Notice to IDOC. (LBT) |
| Filing 17 NOTICE of Lawsuit & Waiver Issued by Clerk as to: 1) Robert Carter, Jr.; 2) Warden Dennis Reagle; 3) Indiana Department of Correction. (LBT) |
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Filing 16
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 thisOrder. Plaintiffs shall have through January 31, 2023, to notify the Court whether they wish 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 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 (docket 5), and 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 15 NOTICE of Reassignment of Case to Judge James Patrick Hanlon and Magistrate Judge Matthew P. Brookman. Judge Richard L. Young, Magistrate Judge Kellie M. Barr is no longer assigned to this case. Please include the new case number, 1:22-CV-2375-JPH-MPB, on all future filings in this matter. (AAS) |
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Filing 14
ORDER REASSIGNING RELATED CASE - 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. 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. Signed by Judge Richard L. Young on 12/22/2022.(AAS)
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| Filing 13 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 12 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DJH) |
| Filing 11 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, DAMON POWELL. (Attachments: #1 Certificate of Prisoner Account and Resident Activity Report)(DJH) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, TYWAN JAMES. (DJH) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, JERRY EMERSON. (Attachments: #1 Official Certificate of Prisoner Account, Resident Activity Report)(DJH) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, CHRISTOPHER ANDERSON. (Attachments: #1 financial activity)(DJH) |
| Filing 6 BRIEF/MEMORANDUM in Support re #5 Complaint, filed by Plaintiffs CHRISTOPHER ANDERSON, JERRY EMERSON, TYWAN JAMES, and DAMON POWELL. (DJH) |
| Filing 5 COMPLAINT against ROBERT E. CARTER, JR, CENTURION MEDICAL PROVIDER, DAUSS, ERIC J. HOLCOMB, INDIANA DEPARTMENT OF CORRECTIONS, DENNIS REAGAL, filed by CHRISTOPHER ANDERSON, DAMON POWELL, JERRY EMERSON, and TYWAN JAMES. (No fee paid with this filing) (Attachments: #1 Proposed Notice of Lawsuit and Request for Waiver of Service of Summons)(DJH) |
| Filing 4 CONSENT to Prisoner E-Service by DAMON POWELL located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by DAMON POWELL 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) |
| Filing 3 CONSENT to Prisoner E-Service by CHRISTOPHER ANDERSON located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by CHRISTOPHER ANDERSON 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) |
| Filing 2 CONSENT to Prisoner E-Service by JERRY EMERSON located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by JERRY EMERSON 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) |
| Filing 1 CONSENT to Prisoner E-Service by TYWAN JAMES located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by TYWAN JAMES 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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