HOLDER v. SIMONS et al
| DAVID TRA-VON HOLDER |
| SIMONS, MARION COUNTY ADC SUPERVISORS and JOHN DOE/JANE DOE (ETL) 1-3 |
| 1:2023cv02065 |
| November 15, 2023 |
| US District Court for the Southern District of Indiana |
| Sarah Evans Barker |
| Mario Garcia |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 8, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 NOTICE of Lawsuit & Waiver Issued by Clerk to Officer Simons. (AAS) |
Filing 11
Order Granting Motions for Leave to Proceed In Forma Pauperis, Screening Complaint and Directing Further Proceedings - The plaintiff's motions to proceed in forma pauperis, dkt. #2 and dkt. #9 , are 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. All claims against John and Jane Does are dismissed. All claims against Marion County ADC Supervisors must be dismissed. Mr. Holder's Eighth Amendment failure to protect claim shall proceed against Officer Simons. This is the only viable claim identified by the Court. All other claims have been dismissed. If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through February 1, 2024, in which to identify those claims.The clerk is directed to terminate Marion County ADC Supervisors and John Doe/Jane Doe (ETL) 1-3 as defendants on the docket. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendant Simons in the manner specified by Rule 4(d). Process shall consist of the complaint (dkt. #1 ), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order. Copies provided via US Mail. Signed by Judge Sarah Evans Barker on 01/08/2024. (AAS)
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| Filing 13 NOTICE of Change of Address for DAVID TRA-VON HOLDER to Miami CF. (Attachments: #1 Envelope) (LBT) |
| Filing 10 CONSENT to Prisoner E-Service by DAVID TRA-VON HOLDER located at MIAMI CF. Pursuant to General Order 2013-1, documents submitted by DAVID TRA-VON HOLDER 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. (JRB) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff DAVID TRA-VON HOLDER. (Attachments: #1 Exhibit, #2 Envelope)(KAA) |
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Filing 8
Order on In Forma Pauperis Status - The plaintiff's deadline to submit a copy of his inmate trust account statement, pay the $402.00 filing fee, or explain why doing so is not possible is extended to January 25, 2024. Failure to comply with this extended deadline will result in the dismissal of this action without further warning. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Mario Garcia on 12/29/2023.(AAS)
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| Filing 7 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 6 CONSENT to Jurisdiction to US Magistrate Judge by DAVID TRA-VON HOLDER. (DWH) |
| Filing 5 NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through December 26, 2023, in which to correct the deficiencies as follows: Your motion to proceed in forma pauperis cannot be ruled on because you have not submitted a copy of the transaction history associated with your institution trust account for the 6-month period preceding the filing of this action. Copy to plaintiff by U.S. Mail. (MEH) |
| Filing 4 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (CCG) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (CCG) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff, DAVID TRA-VON HOLDER. (Attachments: #1 Envelope)(CCG) Modified on 11/16/2023 - fixed name (CCG). |
| Filing 1 COMPLAINT against JOHN DOE/JANE DOE (ETL) 1-3, MARION COUNTY ADC SUPERVISORS, SIMONS, filed by DAVID TRA-VON HOLDER. (No fee paid with this filing) (Attachments: #1 Envelope)(CCG) Modified on 11/16/2023 - fixed name (CCG). |
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