KNIGHTEN v. I.D.O.C. et al
| UNDRAY KNIGHTEN |
| S. CHAPMAN, RICHARD BROWN, I.D.O.C., KEVIN GILMORE, MATT LEOHR and SONYA PHIPPS |
| 2:2019cv00229 |
| May 10, 2019 |
| US District Court for the Southern District of Indiana |
| Jane Magnus-Stinson |
| Doris L Pryor |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 32 RECEIPT #IP065726 for partial filing fee in the amount of $17.74, paid by Plaintiff. (DJH) |
| Filing 31 WAIVER OF SERVICE Returned Executed, filed by RICHARD BROWN. RICHARD BROWN waiver sent on 5/16/2019. (Gore, Lyubov) |
| Filing 30 WAIVER OF SERVICE Returned Executed, filed by SONYA PHIPPS. SONYA PHIPPS waiver sent on 5/16/2019. (Gore, Lyubov) |
| Filing 29 WAIVER OF SERVICE Returned Executed, filed by S. CHAPMAN. S. CHAPMAN waiver sent on 5/16/2019. (Gore, Lyubov) |
| Filing 28 WAIVER OF SERVICE Returned Executed, filed by KEVIN GILMORE. KEVIN GILMORE waiver sent on 5/16/2019. (Gore, Lyubov) |
| Filing 27 WAIVER OF SERVICE Returned Executed, filed by MATT LEOHR. MATT LEOHR waiver sent on 5/16/2019. (Gore, Lyubov) |
| Filing 26 RESPONSE in Opposition re #17 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , filed by Defendants RICHARD BROWN, S. CHAPMAN, KEVIN GILMORE, I.D.O.C., MATT LEOHR, SONYA PHIPPS. (Attachments: #1 Exhibit A: History of Transfers, #2 Exhibit B: Cell Location History, #3 Exhibit C: Transfer Requests, #4 Exhibit D: OGRE, #5 Exhibit Medical Records)(Gore, Lyubov) |
Filing 25
ENTRY DISCUSSING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, MOTIONS FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION, AND MOTIONS FOR EXTENSIONS OF TIME - Mr. Knighten's motion for leave to proceed in forma pauperis, dkt. #15 , is granted to the extent that he is assessed an initial partial filing fee of Seventeen Dollars and Seventy-Four Cents ($17.74). Mr. Knighten shall have through June 28, 2019, to pay this sum to the clerk of the district court. Mr. Knighten's original motion for temporary restraining order and preliminary injunction, dkt. #4 , is denied as moot. The defendants' motion for extension of time to respond to the original motion for temporary restraining order and preliminary injunction, dkt. #13 , is also denied as moot. The defendants shall have through June 7, 2019, to respond to Mr. Knighten's second motion for temporary restraining order and preliminary injunction, dkt. #17 . The defendants' motion for an extension of time to respond to the second motion for preliminary injunctive relief, dkt. #21 , is denied. (See Entry.) Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 5/30/2019. (DMW)
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| Filing 24 AMENDED COMPLAINT against RICHARD BROWN, S. CHAPMAN, KEVIN GILMORE, I.D.O.C., MATT LEOHR, SONYA PHIPPS, filed by UNDRAY KNIGHTEN. Docketed pursuant to #23 Entry.(DMW) |
| Filing 23 ENTRY DENYING AS UNNECESSARY MOTION TO AMEND COMPLAINT, SCREENING AMENDED COMPLAINT, AND SEVERING MISJOINED CLAIMS - Mr. Knighten's motion to amend his complaint, dkt. #14 , is denied as unnecessary; the clerk is directed to docket the proposed amended complaint, dkt. 14-1, as the amended complaint; the action shall proceed with the amended complaint as the operative pleading in the action; the action shall proceed with Eighth Amendment claims for injunctive relief and punitive damages against Defendants Brown, Gilmore, Phipps, Leohr, Chapman, and the IDOC; Mr. Knighten's claim against Ms. Wolfe is severed and shall be considered in a separate action; the clerk is directed to open a new civil action in the Terre Haute Division as discussed in Part III(C); and for the reasons set forth in Part III(D), all claims against Mr. Hancock and Ms. Stefancik are dismissed for failure to state a claim upon which relief may be granted. The defendants shall respond to the amended complaint in the time provided by Federal Rule of Civil Procedure 15(a) (3). (See Entry.) Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 5/30/2019. (DMW) |
| Filing 22 NOTICE of Appearance by Marley Genele Hancock on behalf of Defendants RICHARD BROWN, S. CHAPMAN, KEVIN GILMORE, I.D.O.C., MATT LEOHR, SONYA PHIPPS. (Hancock, Marley) |
| Filing 21 Amended MOTION for Extension of Time to File Response to June 21, 2019 re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , filed by Defendants RICHARD BROWN, S. CHAPMAN, KEVIN GILMORE, I.D.O.C., MATT LEOHR, SONYA PHIPPS. (Attachments: #1 Text of Proposed Order Proposed Order Granting Extension of Time)(Gore, Lyubov) |
| Filing 20 DECLARATION in Support re #17 Motion for Temporary Restraining Order and Motion for Preliminary Injunction by UNDRAY KNIGHTEN. (DMW) |
| Filing 19 NOTICE of Appearance by Lyubov Gore on behalf of Defendant I.D.O.C.. (Gore, Lyubov) |
| Filing 18 BRIEF/MEMORANDUM in Support re #17 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction, filed by Plaintiff UNDRAY KNIGHTEN. (Attachments: #1 Exhibits)(DMW) |
| Filing 17 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction (Second), filed by Plaintiff UNDRAY KNIGHTEN. (DMW) |
| Filing 16 NOTICE of Application for Temporary Restraining Order and Preliminary Injunction, filed by Plaintiff UNDRAY KNIGHTEN (DMW) |
| Filing 15 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff UNDRAY KNIGHTEN. (Attachments: #1 Inmate Trust Account, #2 Affidavit of Special Circumstances)(DMW) |
| Filing 14 MOTION to Amend #1 Complaint, filed by Plaintiff UNDRAY KNIGHTEN. (Attachments: #1 Proposed Amended Complaint, #2 Waiver of Service)(DMW) |
| Filing 13 MOTION for Extension of Time to File Response to June 21, 2019 re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , filed by Defendants S. CHAPMAN, KEVIN GILMORE, MATT LEOHR, SONYA PHIPPS. (Attachments: #1 Text of Proposed Order Granting Motion for Extension of Time)(Gore, Lyubov) |
| Filing 12 NOTICE of Appearance by Lyubov Gore on behalf of Defendants RICHARD BROWN, S. CHAPMAN, KEVIN GILMORE, MATT LEOHR, SONYA PHIPPS. (Gore, Lyubov) |
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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* Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 5/16/2019. (DMW)
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| Filing 10 Documents for Service by IDOC - re #1 Complaint, #6 Brief/Memorandum in Support, #5 Declaration, #8 Entry #4 MOTION for Temporary Restraining Order, #9 NOTICE of Lawsuit & Waiver Issued by Clerk. (DMW) |
| Filing 9 NOTICE of Lawsuit & Waiver Issued by Clerk to: (1) the Indiana Department of Correction, (2) Richard Brown, (3) Kevin Gilmore, (4) Sonya Phipps, (5) Matt Leohr, and (6) S. Chapman (DMW) |
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Filing 8
ENTRY DENYING AS PRESENTED MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, SCREENING COMPLAINT, DIRECTING ISSUANCE OF PROCESS, AND DIRECTING RESPONSE TO MOTION FOR TEMPORARY RESTRAINING ORDER - Mr. Knighten's motion for leave to proceed in forma pauperis, dkt. #2 , is denied as presented. He shall have through June 14, 2019, to renew his motion as discussed in Part I. The action shall proceed with claims against all six defendants for injunctive relief under the Eighth Amendment. If Mr. Knighten believes additional claims were alleged in the complaint but not identified by the Court, he shall have through June 14, 2019, to identify those claims. The clerk is directed to issue process to Defendants consistent with Part III. The defendants shall have through May 24, 2019, to respond to Mr. Knighten's motion for temporary restraining order as directed in Part IV. (See Entry.) Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 5/16/2019. (DMW)
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| Filing 7 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 6 BRIEF/MEMORANDUM in Support re #4 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by Plaintiff, UNDRAY KNIGHTEN. (DJH) |
| Filing 5 DECLARATION of Undray Knighten re #4 Motion for TRO and for Preliminary Injunction, filed by UNDRAY KNIGHTEN. (DJH) |
| Filing 4 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, filed by Plaintiff, UNDRAY KNIGHTEN. (DJH) |
| Filing 3 NOTICE of Application for Temporary Restraining Order and Preliminary Injunction filed by UNDRAY KNIGHTEN. (DJH) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, UNDRAY KNIGHTEN. (Attachments: #1 Counselors Statement, Affidavit of Special Circumstances)(DJH) |
| Filing 1 COMPLAINT against RICHARD BROWN, S. CHAPMAN, KEVIN GILMORE, I.D.O.C., MATT LEOHR, SONYA PHIPPS, filed by UNDRAY KNIGHTEN. (No fee paid with this filing) (Attachments: #1 Exhibits including Classification Designation, Medical Instructions, Memoranda, Offender Complaint, Classification Appeal, Request for Health Care, Affidavit, letters, emails, Informal Grievance, Co-Payment Procedures,, #2 proposed Notice of Lawsuit and Request for Waiver of Service of Summons)(DJH) |
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