WALLACE v. BYRD et al
| MICHAEL ANTHONY WALLACE |
| AGR2E1A MEDICAL ASSISTANCE, AMY WRIGHT, BOBBIE RIGGS, SAMUEL J. BYRD and A. GRZEIA |
| 2:2018cv00377 |
| August 28, 2018 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 19, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 Letter from MICHAEL WALLACE regarding problems with mail. (Attachments: #1 Exhibit A, #2 Exhibit B) (DMW) |
Filing 24
ORDER granting #23 Motion for Court's Assistance the extent that the clerk shall include a copy of the exhibits filed at docket 1-2 with the plaintiff's copy of this Entry. Copy sent to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 10/18/2018. (Attachments: #1 Copy of Entry 1-2) (JRB)
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| Filing 23 MOTION for Copies and for Court's Assistance, filed by Plaintiff MICHAEL ANTHONY WALLACE. (DMW) |
| Filing 22 ENTRY - The plaintiff's post-judgment motion for clarification, dkt. #21 , is granted to the extent that he is informed that this action was dismissed without prejudice for failure to pay the initial partial filing fee and because the plaintiff asked that the case be dismissed. The clerk shall include a copy of the docket sheet with the plaintiff's copy of this Entry. Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 10/15/2018. (Attachments: #1 Public Docket Sheet) (DMW) |
| Filing 21 MOTION for Clarification, filed by Plaintiff MICHAEL ANTHONY WALLACE. (DMW) |
| Filing 20 FINAL JUDGMENT PURSUANT TO FED. R. CIV. PRO. 58 - The Court having this day made its Entry directing the entry of final judgment, now enters FINAL JUDGMENT and this action is dismissed without prejudice. Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 10/2/2018. (DMW) |
| Filing 19 ENTRY DISMISSING ACTION AND DIRECTING ENTRY OF FINAL JUDGMENT - The plaintiff was directed to pay an initial partial filing fee of $19.02 not later than September 28, 2018. Dkt. #4 ; dkt. #6 . Rather than do so, he has filed two motions to withdraw his complaint. His motions to withdraw, dkt. #17 and dkt. #18 , are granted. The action is dismissed pursuant to the plaintiff's request and because he failed to pay the initial partial filing fee. In the plaintiff's pending motion for assistance, he states that he needs to be transferred to another facility because he cannot get copies made of his legal papers, which violates prison policy. His motion, dkt. #12 , is denied because this Court does not determine where an inmate is placed within the Indiana Department of Correction. The action is dismissed without prejudice. Judgment consistent with this Entry shall now issue. Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 10/2/2018. (DMW) |
| Filing 18 MOTION to Withdraw, filed by Plaintiff MICHAEL ANTHONY WALLACE. (JRB) |
| Filing 17 MOTION to Withdraw Lawsuits, filed by Plaintiff MICHAEL ANTHONY WALLACE. (Attachments: #1 Envelope)(JDC) Modified on 9/27/2018 (JDC). |
| Filing 16 ENTRY DISCUSSING PENDING MOTIONS - The plaintiff's renewed motion to proceed in forma pauperis, dkt. #13 , is denied because the assessment of the initial partial filing fee was based on his certified counselor's statement of inmate trust fund account, showing that he had monthly receipts of $10.50 and an average monthly deposit of $95.08 the last six months. Dkt. 2-1. The plaintiff's motion to appoint counsel, dkt. #14 , is denied as premature. The defendants have not been served and no answer has been filed. (See Entry.) Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 9/19/2018. (DMW) |
| Filing 15 Submission of information, filed by Plaintiff MICHAEL ANTHONY WALLACE. (Attachments: #1 Exhibits)(DWH) |
| Filing 14 MOTION to Appoint Counsel, filed by Plaintiff MICHAEL ANTHONY WALLACE. (Attachments: #1 Text of Proposed Order, #2 additional copies)(DWH) |
| Filing 13 MOTION (Affidavit of Poverty) for Leave to Proceed in forma pauperis, filed by Plaintiff MICHAEL ANTHONY WALLACE. (Attachments: #1 additional copies)(DWH) |
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Filing 11
ENTRY DENYING MOTION FOR TRANSFER - The plaintiff's filing of September 12, 2018, has been docketed as a motion for transfer. The Court cannot order an inmate transferred to another prison based simply on his request. His placement in a particular facility is determined by the Indiana Department of Correction. The plaintiff's motion for transfer, dkt. #9 , is therefore denied. The plaintiff continues to have through September 28, 2018, in which to pay the initial partial filing fee of $19.02. If the plaintiff requires additional time to comply with this directive, he may file a motion for extension of time. Otherwise, failure to comply may result in the dismissal of the action for failure to pay the initial partial filing fee and for failure to comply with Court orders. Signed by Judge Jane Magnus-Stinson on 9/13/2018. Copy to Plaintiff via US Mail. (DWH)
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| Filing 12 MOTION for Court Assistance, filed by Plaintiff MICHAEL ANTHONY WALLACE. (Attachments: #1 Exhibit, #2 Envelope)(JRB) |
| Filing 10 NOTICE to Court re Copies, filed by Plaintiff MICHAEL ANTHONY WALLACE (Attachments: #1 Exhibit, #2 Envelope) (APD) |
| Filing 9 MOTION for Transfer, filed by Plaintiff MICHAEL ANTHONY WALLACE. (Attachments: #1 Exhibit - Request for Interview)(DWH) |
| Filing 8 NOTICE to the court regarding copies, filed by Plaintiffs MICHAEL WALLACE. (DWH) Modified on 9/26/2018 (DWH). |
| Filing 7 NOTICE to the court regarding copies, filed by Plaintiffs MICHAEL WALLACE. (DWH) |
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Filing 6
Order Denying Renewed Motion for Leave to Proceed In Forma Pauperis - Plaintiff Michael Anthony Wallace's August 31, 2018, renewed motion for leave to proceed in forma pauperis, dkt. #5 , is denied as moot. Mr. Wallace's August 28, 2018, motion for leave to proceed in forma pauperis was granted, see dkt. #4 , and an initial partial filing fee determined. The initial partial filing fee of $19.02 remains due no later than September 28, 2018. Signed by Judge Jane Magnus-Stinson on 9/4/2018. Copy to Plaintiff via US Mail. (DWH)
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| Filing 5 Renewed MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff MICHAEL ANTHONY WALLACE. (NAD) |
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Filing 4
Order Granting In Forma Pauperis Status and Directing Payment of Initial Partial Filing Fee - Plaintiff Michael Anthony Wallace's motion for leave to proceed in forma pauperis, dkt. #2 , is granted. Pursuant to 28 U.S.C. 1915(b) (1)(A), an initial partial filing fee of nineteen dollars and two cents ($19.02) is assessed and shall be paid to the clerk of the district court no later than September 28, 2018. Plaintiff nevertheless owes the entire filing fee. The complaint will be screened pursuant to 28 U.S.C. 1915A following receipt of the initial partial filing fee. (See Order.) Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 8/29/2018. (DMW)
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| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (HET) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff MICHAEL ANTHONY WALLACE. (Attachments: #1 Exhibit Statement of Inmate Trust Fund)(HET) |
| Filing 1 COMPLAINT against AGR2E1A MEDICAL ASSISTANCE, SAMUEL J. BYRD, BOBBIE RIGGS, AMY WRIGHT, filed by MICHAEL ANTHONY WALLACE. (No fee paid with this filing) (Attachments: #1 Cover Letter, #2 Exhibit)(HET) |
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