SCRUGGS v. WILSON et al
| CHRISTOPHER L. SCRUGGS |
| C. M. RINEHART, WILSON, T. D. TURNER, K. LOVEALL, RANEY, DREDA, D. RUSSELL, R. BROWN, MANLY, MCDONALD, BREWER, C. NICHOLSON, SWICK, L. E. MILLER, RINDHEART and COBB |
| 2:2019cv00228 |
| May 10, 2019 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on July 8, 2019. A more recent docket listing may be available from PACER.
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Filing 19
Order Denying Motion to Reconsider - Plaintiff Christopher L. Scruggs's July 2, 2019, motion to reconsider, dkt. #16 , is denied. (See Order.) Signed by Judge Jane Magnus-Stinson on 7/8/2019. (DMW)
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| Filing 18 SECOND NOTICE of Lawsuit & Waiver Issued by Clerk to: 1) Swick (DMW) |
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Filing 17
Second Order Directing 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 Swick in the manner specified by Rule 4(d) for service at the address found in Court-only docket entry 15. 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), the screening Order of June 20, 2019 (dkt. #8 ), and this Order. Signed by Judge Jane Magnus-Stinson on 7/8/2019. (DMW)
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| Filing 16 MOTION to Reconsider or Amend re #13 Corrected Order Screening Complaint, filed by Plaintiff CHRISTOPHER L. SCRUGGS. (DMW) |
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Filing 14
Order Documenting Non-Party Communication - The Court has been notified by counsel for the Indiana Department of Correction that the clerk's attempts to serve defendant Swick at the Wabash Valley Correctional Facility have been unsuccessful. In receiving this information informally, the Court has agreed not to disclose defendant Swick's last known address to the parties and to use it only for the purpose of effecting service on the defendant. Accordingly, the clerk is directed to docket defendant Swick's last known address with access restricted only to court users. (See Order.) Signed by Judge Jane Magnus-Stinson on 7/1/2019. (DMW)
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Filing 13
Corrected Order Screening Complaint, Dismissing Deficient Claims, and Directing Issuance and Service of Process - This Corrected Order Screening Complaint is identical in all respects to the original order except for the date of the alleged incident reflected on page 2. The year has been corrected from "2019" to "2018," the year alleged in the complaint. (See Order.) Signed by Judge Jane Magnus-Stinson on 6/20/2019. (DMW)
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Filing 12
Order for Defendants to Preserve Video Evidence - Upon review of plaintiff Christopher L. Scruggs's complaint, the Court orders the defendants to take all necessary steps to preserve and maintain all video evidence of the May, 2018, incidents alleged in the complaint at the Wabash Valley Correctional Facility. Within ten days of filing a waiver of service of summons or an appearance for any defendant, counsel for the defendants shall report to the Court what video evidence exists and what measures have been taken to ensure its preservation for use in this action. The clerk is directed to send a copy of this Order to the Indiana Attorney General's office as shown in the distribution list below. (See Order.) Copy via US Mail pursuant to distribution list. Signed by Judge Jane Magnus-Stinson on 6/20/2019. (DMW)
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Filing 11
ORDER - NOTICE TO PRO SE LITIGANTS : The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. Pro se litigants should read this Notice carefully before filing anything further with the Court. All litigants are expected to comply with the Federal Rules of Civil Procedure and this Court's Local Rules. Therefore, the rules and procedures contained in this Notice are not all of the rules pro se litigants must follow. *SEE ORDER FOR ADDITIONAL INFORMATION*. Signed by Judge Jane Magnus-Stinson on 6/20/2019. (DMW)
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| Filing 10 Documents for Service by IDOC - re #1 Complaint, #9 NOTICE of Lawsuit & Waiver Issued by Clerk, #8 Order. (DMW) |
| Filing 9 NOTICE of Lawsuit & Waiver Issued by Clerk to: 1) Sgt. Wilson; 2) Sgt. Cobb; 3) Raney; 4) D. Russell; 5) R. Brown; 6) Manly; 7) Rindheart; 8) McDonald; 9) Nurse K. Loveall; 10) Nurse L.E. Miller; 11) Nurse T.D. Turner; 12) Brewer; 13) Swick; 14) Sgt. Dreda. (DMW) |
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Filing 8
Order Screening Complaint, Dismissing Deficient Claims, and Directing Issuance and Service of Process - The clerk is directed pursuant to Federal Rule of Civil Procedure 4(c)(3) to issue process to defendants Sgt. Wilson, Sgt. Cobb, Raney, D. Russell, R. Brown, Manly, Rindheart, McDonald, Nurse K. Loveall, Nurse L.E. Miller, Nurse T.D. Turner, Brewer, Swick, and Sgt. Dreda 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. The clerk is directed to send a courtesy copy of this Order to attorney Douglass Bitner at the address noted in the distribution list below. In this Order the Court has 1) screened the complaint, 2) directed First and Eighth Amendment claims to proceed against fourteen defendants, 3) dismissed any claims against C.M. Rinehart and C. Nicholson and directed the clerk to terminate these defendants from the docket, and 4) directed the issuance and service of process. (See Order.) Copy via US Mail pursuant to distribution list. Signed by Judge Jane Magnus-Stinson on 6/20/2019. (DMW)
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Filing 7
Order Granting Motion for Leave to Proceed In Forma Pauperis and Terminating Prior Motion - Plaintiff Christopher L. Scruggs's May 17, 2019, motion to withdraw his first motion for leave to proceed in forma pauperis, dkt. #5 , is granted. The clerk is directed to terminate as a motion the May 10, 2019, motion for leave to proceed in forma pauperis, dkt. #2 , as it has been withdrawn. Mr. Scruggs's renewed motion for leave to proceed in forma pauperis, dkt. #6 , is granted because the Court finds that Mr. Scruggs does not have the assets or means to pay even an initial partial filing fee. (See Order.) Signed by Judge Jane Magnus-Stinson on 6/4/2019. (DMW)
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| Filing 6 RENEWED MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff CHRISTOPHER L. SCRUGGS. (Attachments: #1 Inmate Trust Account)(DMW) |
| Filing 5 MOTION to Withdraw #2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff CHRISTOPHER L. SCRUGGS. (DMW) |
| Filing 4 CONSENT to Prisoner E-Service by CHRISTOPHER L. SCRUGGS located at WVCF. Pursuant to General Order 2013-1, documents submitted by CHRISTOPHER L. SCRUGGS 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. (DMW) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, CHRISTOPHER L. SCRUGGS. (Attachments: #1 Affidavit of Special Circumstances, Certified Counselors Statement, Transaction History)(DJH) |
| Filing 1 COMPLAINT against BREWER, R. BROWN, COBB, DREDA, K. LOVEALL, MANLY, MCDONALD, L. E. MILLER, C. NICHOLSON, RANEY, RINDHEART, C. M. RINEHART, D. RUSSELL, SWICK, T. D. TURNER, WILSON, filed by CHRISTOPHER L. SCRUGGS. (No fee paid with this filing) (DJH) |
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