SIMS v. INDA et al
| JOHN SIMS |
| KELLY INDA, MARY SIMS, WABASH VALLEY CORRECTION FACILITY, BIRSCH and RAYN HARR KULYNYCA |
| 2:2019cv00398 |
| August 19, 2019 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| James Patrick Hanlon |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 11, 2021. A more recent docket listing may be available from PACER.
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Filing 18
NOTICE of Change of Address for JOHN SIMS. (TMC)
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Filing 17
CONSENT to Prisoner E-Service by JOHN SIMS located at WVCF. Pursuant to General Order 2013-1, documents submitted by JOHN SIMS 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. (TMC)
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Filing 16
Correspondence REQUESTING COPY of Case Document(s) re #1 Complaint, filed by John Sims. Copy provided via US Mail. (Attachments: #1 Envelope) (TMC)
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Filing 15
Correspondence REQUESTING COPY of Case Docket Sheet, filed by John Sims. Copy provided via US Mail. (Attachments: #1 Envelope) (TMC)
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Filing 14
Letter to the Court Regarding Defendant Kulynyca from John Sims. (Attachments: #1 Envelope) (TMC)
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Filing 13
WAIVER OF SERVICE Returned Executed, filed by BIRSCH. (Bitner, Douglass)
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Filing 12
WAIVER OF SERVICE Returned Executed, filed by MARY SIMS. (Bitner, Douglass)
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Filing 11
Correspondence REQUESTING COPY of Case Docket Sheet, filed by John Sims. Copy/Copies provided via US Mail. (Attachments: #1 Copy of Public Docket Sheet, #2 Envelope) (JRB)
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Filing 10
NOTICE of Lawsuit & Waiver Issued by Clerk to: 1) Kelly Inda; 2) Rayn Harr Kulynyca; 3) Dr. Mary Sims; and 4) Dr. Birsch (DMW)
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Filing 9
ENTRY SCREENING COMPLAINT, DISMISSING INSUFFICIENT CLAIM, AND DIRECTING SERVICE OF PROCESS - If the plaintiff believes that additional claims were alleged in the complaint but not identified by the Court, he shall have through October 17, 2019, in which to identify those claims. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants Kelly Inda, Rayn Harr Kulynyca, Dr. Mary Sims, and Dr. Birsch in the manner specified by Rule 4(d). Process shall consist of the complaint filed on August 19, 2019 (docket 1), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. When the defendants answer the complaint, they shall respond to the plaintiff's request for preliminary injunctive relief. The clerk shall terminate from the docket defendant Wabash Valley Correctional Facility. The clerk is requested to send a courtesy copy of this Entry to attorney Douglass R. Bitner. (See Entry.) Copy to Plaintiff via US Mail. Signed by Judge James Patrick Hanlon on 9/18/2019. (DMW)
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Filing 8
Submission of Exhibit to #1 Complaint, filed by Plaintiff JOHN SIMS. (Attachments: #1 Affidavit, #2 Envelope)(LBT)
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Filing 7
ENTRY - #5 Motion for Leave to Proceed in forma pauperis is GRANTED. The assessment of even an initial partial filing fee is waived because the plaintiff has no assets and no means by which to pay a partial filing fee. 28 U.S.C. 1915(b)(4). Accordingly, no initial partial filing fee is due at this time. Notwithstanding the foregoing ruling, "[a]ll [28 U.S.C.] 1915 has ever done is excuse pre-payment of the docket fees; a litigant remains liable for them, and for other costs, although poverty may make collection impossible." Abdul-Wadood v. Nathan, 91 F.3d 1023, 1025 (7th Cir. 1996). The Court will screen the complaint in accordance with 28 U.S.C. 1915A in a separate, future Entry (see entry). Signed by Judge James Patrick Hanlon on 9/10/2019 (copy mailed via USPS per distribution list). (TMC)
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Filing 6
Correspondence REQUESTING COPY of Case Docket and Document re #1 Complaint, filed by JOHN SIMS. Copies provided via US Mail. (Attachments: #1 Envelope, #2 Public Docket Sheet, #3 Dkt. 1) (DMW)
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Filing 5
MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff JOHN SIMS. (Attachments: #1 Inmate Trust Account, #2 Envelope)(DMW)
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Filing 4
ENTRY DIRECTING PAYMENT OF FILING FEE - Mr. Sims is specifically notified pursuant to Sloan v. Lesza, 181 F.3d 857, 859 (7th Cir. 1999), that, because he has accumulated three strikes and is now being informed that 28 U.S.C. 1915(g) applies to him, if he files another action without prepayment of the entire filing fee and seeks to proceed in forma pauperis, those circumstances will require the immediate termination of any such new action. Mr. Sims shall have through September 16, 2019, in which to either pay the $400.00 filing fee for this action or demonstrate that the narrow exception to the barrier created by 1915(g)- where a prisoner alleges that he "is under imminent danger of serious physical injury" - applies to the allegations in his complaint. (See Entry.) Copy to Plaintiff via US Mail. Signed by Judge James Patrick Hanlon on 8/23/2019. (DMW)
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Filing 3
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)
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Filing 2
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH)
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Filing 1
COMPLAINT against BIRSCH, KELLY INDA, RAYN HARR KULYNYCA, MARY SIMS, WABASH VALLEY CORRECTION FACILITY, filed by JOHN SIMS. (No fee paid with this filing) (AKH) (Additional attachment(s) added on 8/20/2019: #1 Exhibit A Grievance Records, #2 Exhibit B - Notices of Tort Claim, #3 Exhibit C - Requests for Healthcare, #4 Exhibit Requests for Interviews) (AKH).
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