BURNETT v. BUSS et al
| DARYL KEITH BURNETT, JR. |
| DEBBIE ABRAM, RICHARD BROWN, RON NEAL, WAYNE PEEPLES, RANDALL PURCELL, J. ANTON, MARK NEWKIRK, TORRIE DILLON, DAWN BUSS, JERRY SNYDER, J. LYTTLE, FRANK LITTLEJOHN and FRED MCCONNAUGHEY |
| 2:2019cv00343 |
| July 19, 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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This docket was last retrieved on September 13, 2019. A more recent docket listing may be available from PACER.
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| Filing 18 Entry Discussing Post Judgment Motions - #15 Motion for Clarification is GRANTED consistent with the following. This action, docketed as No. 2:19-cv-00343-JMS-DLP, was dismissed on August 29, 2019. The claims against Indiana State Prison Disciplinary Hearing Officer J. Anton, Warden Ron Neal, and Appeal Review Officer J. Lyttle were severed into a new action and assigned case number 2:19-cv-404-JRS-DLP. That severed case, 2:19-cv-404-JRS-DLP was transferred to the Northern District of Indiana, on August 23, 2019, and assigned case number 3:19-cv-678-JD-MGG. #16 Motion to Refer is DENIED AS MOOT. The plaintiff's motion to withdraw the complaint filed in this closed case, without upsetting the Court's rulings in this case, including the severance of claims and later transfer of the severed case, 2:19-cv-404-JRS-DLP, dkt #17 , is denied. Dismissal of the claims remaining in this case, 2:19-cv-343-JMS-DLP, was appropriate pursuant to 28 U.S.C. 1915A(b) (see entry). Signed by Judge Jane Magnus-Stinson on 9/13/2019 (copy mailed per distribution list). (TMC) |
| Filing 17 MOTION to Withdraw Civil Action, filed by Plaintiff DARYL KEITH BURNETT, JR. (DMW) |
| Filing 16 MOTION for the Court to Refer to J. Anton as Ms. J. Anton and not Mr. J. Anton, filed by Plaintiff DARYL KEITH BURNETT, JR. (DMW) |
| Filing 15 MOTION for Clarification, filed by Plaintiff DARYL KEITH BURNETT, JR. (DMW) |
| Filing 14 JUDGMENT - The court, having this day made its Entry, IT IS NOW ADJUDGED that this cause of action is dismissed with prejudice pursuant to 28 U.S.C. 1915A. Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 8/29/2019. (DMW) |
Filing 13
Order Directing Entry of Final Judgment - The claims against Indiana State Prison Disciplinary Hearing Officer J. Anton, Warden Ron Neal, and Appeal Review Officer J. Lyttle have been severed into a new action and transferred to the Northern District of Indiana. The Entry of July 23, 2019, explained that the claims remaining in this action are malicious. The Court reasoned that suing individuals for claims that have already been resolved through settlement is harassment. The plaintiff's response does not dispute this conclusion. See dkt #8 . According, the operative complaint is dismissed as malicious pursuant to 28 U.S.C. 1915A(b). Judgment dismissing this action shall now issue. Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 8/29/2019. (DMW)
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| Filing 12 Correspondence REQUESTING COPY of Case Docket Sheet, filed by DARYL KEITH BURNETT, JR. Copy provided via US Mail. (Attachments: #1 Public Docket Sheet) (DMW) |
| Filing 11 Entry Severing Claims into New Civil Action - The plaintiff's motion to sever the claims against ISP Disciplinary Hearing Officer J. Anton, Warden Ron Neal, and Appeal Review Officer J. Lyttle into a new civil action, dkt #7 , is granted. To effectuate this ruling, one new civil action from the Terre Haute Division shall be opened, consistent with the following: Daryl Keith Burnett, Jr., shall be the plaintiff in the newly opened action. The complaint in this action shall be filed and re-docketed as the complaint in the newly opened action. Burnett's request to proceed in forma pauperis, dkt #2 , shall likewise be filed and re-docketed in the newly opened action. The defendants in the newly opened action are Mr. J. Anton, Warden Ron Neal, and Mr. J. Lyttle. The clerk is directed to update the docket to reflect that defendants, Mr. J. Anton, Warden Ron Neal, and Mr. J. Lyttle are terminated in this action. The action docketed as No. 2:19-cv-00343-JMS-DLP shall proceed as to 1) ISP Unit Team Manager Dawn Buss, 2) ISP Supervisor of Classification Debbie Abram, 3) ISP Internal Affairs Investigator Torrie Dillon, 4) ISP Executive Assistant Mark Newkirk; 5) ISP Aramark Food Services Wayne Peeples; 6) Wabash Valley Warden Richard Brown, 7) Wabash Valley Assistant Superintendent Frank Littlejohn, 8) Wabash Valley Casework Manager Randall Purcell, 9) Wabash Valley Unit Team Manager Jerry Snyder, and 10) Central Office Classification Division Fred McConnaughey. (See Entry.) Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 8/22/2019. (DMW) |
| Filing 10 Correspondence REQUESTING COPY of Case Docket Sheet, filed by DARYL KEITH BURNETT, JR. Copy provided via US Mail. (Attachments: #1 Public Docket Sheet) (DMW) |
| 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 sent to plaintiff via US Mail. (JRT) |
| Filing 8 RESPONSE, re #4 Entry Stating Why Action Should Not Be Dismissed, filed by Plaintiff DARYL KEITH BURNETT, JR. (DMW) |
| Filing 7 MOTION to Sever the Due Process Claims, filed by Plaintiff DARYL KEITH BURNETT, JR. (DMW) |
| Filing 6 RECEIPT #IP066074 for partial filing fee in the amount of $8.28, paid by Cynthia Gardner. (DJH) |
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Filing 5
Order on Motion to Proceed In Forma Pauperis - The plaintiff's motion to proceed in forma pauperis, dkt. #2 , is granted to the extent that the plaintiff is assessed an initial partial filing fee of Eight Dollars and Twenty-Eight Cents ($8.28). The plaintiff shall have through August 26, 2019, in which to pay this sum to the clerk of the district court. (See Order.) Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 7/29/2019. (DMW)
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Filing 4
Entry Screening Complaint and Order to Show Cause - Mr. Burnett shall have through August 22, 2019, in which to show cause why this action should not be dismissed as frivolous or malicious for the reasons set forth above. Mr. Burnett shall further have through August 22, 2019, in which to state whether he wants to sever the due process claims related to the processing of his "Class B-202 Controlled Substance Possession Offense" conviction in case number ISP-17-07-0235, against Mr. J. Anton, Mr. J. Lyttle, and Warden Ron Neal, into a new civil action. (See Entry.) Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 7/23/2019. (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 DARYL KEITH BURNETT, JR. (Attachments: #1 Exhibit - Transaction History Report)(REO) |
| Filing 1 COMPLAINT against DEBBIE ABRAM, J. ANTON, RICHARD BROWN, DAWN BUSS, TORRIE DILLON, FRANK LITTLEJOHN, J. LYTTLE, FRED MCCONNAUGHEY, RON NEAL, MARK NEWKIRK, WAYNE PEEPLES, RANDALL PURCELL, JERRY SNYDER, filed by DARYL KEITH BURNETT, JR. (No fee paid with this filing) (Attachments: #1 Exhibit - Conduct documents)(REO) |
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