MARTIN v. FISH et al
Plaintiff: KEVIN L. MARTIN
Defendant: SGT. FISH, SHERIFF AGBOOLA and CENTURION CORPORATE OFFICE
Case Number: 1:2024cv00074
Filed: January 11, 2024
Court: US District Court for the Southern District of Indiana
Presiding Judge: Sarah Evans Barker
Referring Judge: Kellie M Barr
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 8, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 8, 2024 Filing 14 RESPONSE in Opposition re #10 MOTION for Default Judgment as to Sheriff Agboola, RN, filed by Defendant SHERIFF AGBOOLA. (Attachments: #1 Text of Proposed Order Order Denying Plaintiff's Motion for Default Judgment)(Mingus, Ronald)
March 7, 2024 Filing 13 NOTICE of Withdrawal of Exhaustion Defense of Defendant, Sheriff Agboola, filed by Defendant SHERIFF AGBOOLA, re #7 Answer to Complaint (Notice of Removal). (Mingus, Ronald)
March 7, 2024 Filing 12 NOTICE of Withdrawal of Exhaustion Defense, filed by Defendant SGT. FISH, re #8 Entry. (Oosterhoff, John)
March 7, 2024 Filing 11 AFFIDAVIT in Support of Motion re #10 Motion for Default Judgment, filed by Plaintiff KEVIN L. MARTIN. (SWM)
March 7, 2024 Filing 10 MOTION for Default Judgment, filed by Plaintiff KEVIN L. MARTIN. (SWM)
February 7, 2024 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. Copy to plaintiff by U.S. Mail. (MEH)
January 24, 2024 Filing 8 ENTRY Directing Development of Exhaustion Defense and Issuing Partial Stay - The exhaustion defense will be resolved pursuant to the following schedule. The defendants shall have through March 7, 2024, in which to either (see Entry). The failure to pursue any of these options by the above deadline constitutes an abandonment of the exhaustion defense (see Entry). Copy to Plaintiff via US Mail. Signed by Magistrate Judge Kellie M. Barr on 1/24/2024.(SWM)
January 23, 2024 Filing 7 ANSWER to Complaint (Notice of Removal) with Jury Demand and Affirmative Defenses, filed by SHERIFF AGBOOLA.(Mingus, Ronald)
January 22, 2024 Opinion or Order Filing 6 Order Screening Complaint and Directing Further Proceedings - Because the plaintiff is a "prisoner," this Court has an obligation to screen the complaint before service on the defendants. Applying the screening standard to the factual allegations in the complaint certain claims are dismissed while other claims shall proceed as submitted. This summary of claims includes all of the viable claims 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 15, 2024, in which to identify those claims. The clerk is directed to terminate Centurion Corporate office as a defendant on the docket. This case was removed from state court after the remaining defendants had appeared. Sgt. Fish raised the affirmative defense of failure to exhaust in his answer. Dkt. 1-2 at 56. Nurse Agboola has through January 23, 2024, to answer the complaint. (See Order.) Signed by Judge Sarah Evans Barker on 1/22/2024. Copy to Plaintiff via US mail. (JSR)
January 12, 2024 Filing 5 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (LBT)
January 12, 2024 Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LBT)
January 11, 2024 Filing 3 NOTICE of Motions That Remain Pending in State Court, filed by Defendant SHERIFF AGBOOLA (Mingus, Ronald)
January 11, 2024 Filing 2 NOTICE of Appearance by Ronald A. Mingus on behalf of Defendant SHERIFF AGBOOLA. (Mingus, Ronald)
January 11, 2024 Filing 1 NOTICE OF REMOVAL from Madison County Circuit Court, case number 48C04-2312-CT-000247, filed by SHERIFF AGBOOLA. (Filing fee $405, receipt number AINSDC-7977583) (Attachments: #1 Exhibit 1 - Written Consent of Removal, #2 State Court Record Exhibit 2 - State Court Record (Prisoner Complaint, Service Returned, Service Returned Not Served, Appearance, Answer, Appearance, and Notice of Automatic Enlargement), #3 Exhibit 3 - Operative Complaint, #4 Civil Cover Sheet Civil Cover Sheet)(Mingus, Ronald)

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Plaintiff: KEVIN L. MARTIN
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Defendant: SGT. FISH
Represented By: Abigail Davis
Represented By: John Oosterhoff
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Defendant: SHERIFF AGBOOLA
Represented By: Ronald A. Mingus
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Defendant: CENTURION CORPORATE OFFICE
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