SMALLWOOD v. DAUSS et al
| HOWARD SMALLWOOD |
| DAUSS and CENTURION MEDICAL PROVIDER |
| 1:2023cv00156 |
| January 26, 2023 |
| 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. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 10
CLOSED DISMISSED - ORDER: On January 26, 2023, the Court severed plaintiff Howard Smallwood's medical and retaliation claims related to his exposure to contaminated water at Pendleton Correctional Facility and opened this new action. See dkt. 1. On February 21, 2023, Mr. Smallwood filed a motion to dismiss this action without prejudice. Dkt. 9. The Court has not yet screened the complaint pursuant to 28 U.S.C. 1915A, and the defendants have not yet appeared. See dkt. 1 (complaint will be subject to screening and plaintiff will be required to resolve filing fee). Accordingly, Mr. Smallwood's motion to dismiss, treated as a notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A), dkt. #9 , is granted. This action is now dismissed without prejudice. The clerk is directed to close this action on the docket. No judgment is necessary under these circumstances. Signed by Judge James Patrick Hanlon on 2/22/2023.(DWH)
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| Filing 9 MOTION to Dismiss without prejudice, filed by Plaintiff HOWARD SMALLWOOD. (DWH) |
| Filing 8 Reassignment of Case to Magistrate Judge Kellie M. Barr. Magistrate Judge Matthew P. Brookman is no longer assigned to this case. Please include the new case number (1:23-cv-00156-JPH-KMB), which includes the initials of the newly assigned judge, on all future filings in this matter. (Albertson, Steven) |
| Filing 7 NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through March 2, 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. (Attachments: #1 Motion For Leave To Proceed In Forma Pauperis) (JRT) |
| Filing 6 CONSENT to Prisoner E-Service by HOWARD SMALLWOOD located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by HOWARD SMALLWOOD 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. (AAS) |
| Filing 5 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 sent to plaintiff via US mail). (JRT) |
| 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 COMPLAINT against CENTURION MEDICAL PROVIDER, DAUSS, filed by HOWARD SMALLWOOD. (No fee paid with this filing) (Attachments: #1 Exhibit A Environmental Hazards, #2 Exhibit B The Safe Water Drinking Act, #3 Cover Letter)(DJH) |
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Filing 1
ORDER GRANTING PLAINTIFF'S MOTION TO SEVER CLAIMS (1:22-cv-689-JPH-MPB). The clerk is directed to open one new civil action in the Indianapolis Division consistent with the following:1) The plaintiff will be Howard Smallwood.2) The defendants in the new action will be Dr. Dauss and Centurion.3) The Nature of the Suit will be 555.4) The Cause of Action will be 42:1983pr.5)The clerk is directed to re-docket the complaint (docket 2) and this Orderin the new action.6)Pursuant to Local Rule 40-1(e) of the Southern District of Indiana, theclerk shall DIRECTLY REASSIGN this new civil action to Judge James P. Hanlon and Magistrate Judge Matthew P. Brookman for all further proceedings.7)The clerk shall associate this action with the new civil action.The clerk shall re-docket the complaint, dkt. #2 , in the new action. In this new action, the Court will screen the complaint pursuant to 28 U.S.C. 1915A, and Mr. Smallwood will be required to pay the $402.00 filing fee or move for leave to proceed in forma pauperis.. Signed by Judge James Patrick Hanlon on 1/26/2023.(DJH)
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