PAYNE v. RUSSELL et al
| LEMONTE EARL PAYNE |
| CHRISTY, T. WELLINGTON, MARJOR D. RUSSELL, JENSON, S. FISCHER, K. HUNTER, FRANK LITTLEJOHN, DONALDSON, D. BARRON and D. RUSSELL |
| 2:2019cv00097 |
| February 26, 2019 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| James R Sweeney |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 9, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 NOTICE of Appearance by Jill Esenwein on behalf of Defendant JENSON. (Esenwein, Jill) |
| Filing 24 NOTICE of Appearance by Destiny Reve Scott Wells on behalf of Defendant JENSON. (Wells, Destiny) |
| Filing 23 NOTICE of Appearance by Jill Esenwein on behalf of Defendants D. BARRON, DONALDSON, S. FISCHER, K. HUNTER, D. RUSSELL. (Esenwein, Jill) |
| Filing 22 WAIVER OF SERVICE Returned Executed, filed by D. BARRON. D. BARRON waiver sent on 3/5/2019. (Wells, Destiny) |
| Filing 21 WAIVER OF SERVICE Returned Executed, filed by K. HUNTER. K. HUNTER waiver sent on 3/5/2019. (Wells, Destiny) |
| Filing 20 WAIVER OF SERVICE Returned Executed, filed by S. FISCHER. S. FISCHER waiver sent on 3/5/2019. (Wells, Destiny) |
| Filing 19 WAIVER OF SERVICE Returned Executed, filed by DONALDSON. DONALDSON waiver sent on 3/5/2019. (Wells, Destiny) |
| Filing 18 WAIVER OF SERVICE Returned Executed, filed by D. RUSSELL. D. RUSSELL waiver sent on 3/5/2019. (Wells, Destiny) |
| Filing 17 NOTICE of Appearance by Destiny Reve Scott Wells on behalf of Defendants D. BARRON, DONALDSON, S. FISCHER, K. HUNTER, D. RUSSELL. (Wells, Destiny) |
| Filing 16 WAIVER OF SERVICE Returned Executed - JENSON waiver sent on 3/19/2019. (DMW) |
| Filing 14 NOTICE of Lawsuit & Waiver Issued by Clerk to: 1) Sgt. Jenson (DMW) |
Filing 13
Order Directing Re-Issuance and Service of Process - The clerk is directed pursuant to Federal Rule of Civil Procedure 4(c)(3) to re- issue process to defendant Sgt. Jenson in the manner specified by Rule 4(d), to be served at the address contained in court-only docket entry 12. 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 the screening order of March 5, 2019, dkt. #4 . Copy to Plaintiff via U.S. Mail. Signed by Judge James R. Sweeney II on 3/18/2019. (DMW)
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| Filing 11 Entry Documenting Non-Party Communication - The Court has been notified by counsel for the Indiana Department of Correction (IDOC) that the clerk's attempts to serve Sgt. Jenson at the Wabash Valley Correctional Facility have been unsuccessful. The IDOC has furnished the Court Sgt. Jenson's last known address. In receiving this information informally, the Court has agreed not to disclose defendant Sgt. Jenson's last known address to the parties and to use it only for the purpose of effecting service on him. Accordingly, the clerk is directed to docket the email correspondence containing the address with access restricted court users only. (See Entry.) Copy to Plaintiff via U.S. Mail. Signed by Judge James R. Sweeney II on 3/15/2019. (DMW) |
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Filing 10
Order Denying Motion to Compel Medical Packet - Lemonte Earl Payne's March 8, 2019, motion to compel the production of his "medical packet," dkt. #9 , is denied without prejudice as premature. Defendants have not yet appeared or answered. (See Order.) Copy to Plaintiff via U.S. Mail. Signed by Judge James R. Sweeney II on 3/11/2019. (DMW)
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| Filing 9 MOTION to Compel Medical Packet, filed by Plaintiff LEMONTE EARL PAYNE. (DMW) |
| Filing 8 CONSENT to Jurisdiction to US Magistrate Judge by LEMONTE EARL PAYNE. (DMW) |
| Filing 7 Submission of Waiver of Service of Summons, filed by Plaintiff LEMONTE EARL PAYNE. (DMW) |
| Filing 6 Documents for Service by IDOC - re #1 Complaint, #4 Order, #5 NOTICE of Lawsuit & Waiver Issued by Clerk. (DMW) |
| Filing 5 NOTICE of Lawsuit & Waiver Issued by Clerk to: 1) Officer D. Barron, 2) Major D. Russell, 3) Sgt. Donaldson, 4) Sgt. Jenson, 5) K. Hunter, and 6) Lt. S. Fischer (DMW) |
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Filing 4
Order Granting Motion for Leave to Proceed In Forma Pauperis, Screening Complaint, Dismissing Deficient Claims, and Directing Issuance and Service of Process - Plaintiff LeMonte Earl Payne's February 26, 2019, motion for leave to proceed in forma pauperis, dkt. #2 , is granted. The Court finds that Mr. Payne does not have the assets or means to pay even an initial partial filing fee. The clerk is directed to update the docket to reflect the dismissal of defendants Frank Littlejohn, Mrs. Christy, and T. Wellington. If Mr. Payne believes the Court has overlooked a claim and/or defendant, he shall have until March 25, 2019, in which to notify the Court. The clerk is directed pursuant to Federal Rule of Civil Procedure 4(c)(3) to issue process to defendants Officer D. Barron, Major D. Russell, Sgt. Donaldson, Sgt. Jenson, K. Hunter, and Lt. S. Fischer 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. (See Order.) Copy to Plaintiff via U.S. Mail. Signed by Judge James R. Sweeney II on 3/5/2019. (DMW)
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| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff LEMONTE EARL PAYNE. (REO) |
| Filing 1 COMPLAINT against D. BARRON, CHRISTY, DONALDSON, S. FISCHER, K. HUNTER, JENSON, FRANK LITTLEJOHN, MARJOR D. RUSSELL, T. WELLINGTON, filed by LEMONTE EARL PAYNE. (No fee paid with this filing) (REO) |
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