MURPHY v. COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION
| JOSHUA WAYNE MURPHY |
| I.D.O.C and COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION |
| 2:2019cv00571 |
| November 25, 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 |
| Both |
Docket Report
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This docket was last retrieved on September 20, 2021. A more recent docket listing may be available from PACER.
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Filing 18
Order Directing Development of Exhaustion Defense and Issuing Partial Stay - The defendant has asserted the affirmative defense that the plaintiff failed to exhaust his administrative remedies prior to filing this lawsuit as required by the Prison Litigation Reform Act. This defense must be resolved before reaching the merits of this case. The defendant shall have through March 5, 2020, in which to either: file a dispositive motion in support of the exhaustion defense; file a notice with the Court specifically identifying the fact issue(s) that preclude resolution of this affirmative defense via a dispositive motion and requesting a Pavey hearing; or file a notice with the Court withdrawing the exhaustion defense. Except for activities associated with the development and resolution of the defendants affirmative defense that the plaintiff failed to exhaust his administrative remedies prior to filing this action, or any other matter directed by the Court, any other activities or deadlines in the action are stayed. Discovery on the issue of exhaustion is allowed. See Order. Copy to Plaintiff via US Mail. Signed by Judge James R. Sweeney II on 1/23/2020.(KAA)
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Filing 17
Correspondence REQUESTING COPY of Case Docket Sheet, filed by Joshua Murphy. Copy provided via US Mail. (Attachments: #1 Docket Sheet, #2 Envelope) (TMC)
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Filing 16
ANSWER to #1 Complaint Affirmative Defenses and Demand for Jury Trial, filed by COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION.(Flynn, Thomas)
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Filing 14
RESPONSE in Opposition re #12 MOTION to Compel Discovery, filed by Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Flynn, Thomas)
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Filing 15
Order on Pending Motions - Plaintiff's January 2, 2020, motion to show evidence, dkt. #12 , is denied as submitted. At this time, Mr. Murphys motion to appoint counsel, dkt. #13 , is denied without prejudice. Any renewed motion must be on the Courts form motion for seeking assistance with recruiting counsel. The clerk is directed to send Mr. Murphy a blank form motion for this purpose with his copy of this Order. Copy to Plaintiff via US Mail. Signed by Judge James R. Sweeney II on 1/10/2020. (Attachments: #1 Motion counsel form) (KAA)
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Filing 13
MOTION to Appoint Counsel, filed by Plaintiff JOSHUA WAYNE MURPHY. (Attachments: #1 Envelope)(TMC)
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Filing 12
MOTION to Show Evidence of the Kosher Program Meets Halal Diet Criteria, filed by Plaintiff JOSHUA WAYNE MURPHY. (Attachments: #1 Exhibit, #2 Envelope)(LBT)
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Filing 11
ORDER - granting #7 Motion for Leave to Proceed in forma pauperis. The Court finds that Mr. Murphy does not have the assets or means to pay even an initial partial filing fee, no such fee is assessed. (See Order.) Copy to plaintiff via US Mail. Signed by Judge James R. Sweeney II on 12/20/2019. (RSF)
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Filing 10
WAIVER OF SERVICE Returned Executed, filed by COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION waiver sent on 12/5/2019. (Flynn, Thomas)
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Filing 9
NOTICE of Appearance by Mollie Ann Slinker on behalf of Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Slinker, Mollie)
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Filing 8
NOTICE of Appearance by Thomas Joseph Flynn on behalf of Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Flynn, Thomas)
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Filing 7
MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff JOSHUA WAYNE MURPHY. (Attachments: #1 Exhibit, #2 Envelope)(JRB)
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Filing 6
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 to plaintiff by US Mail. (MEH)
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Filing 5
Documents for Service by IDOC - re #4 NOTICE of Lawsuit & Waiver Issued by Clerk, #3 Order, #1 Complaint. (KAA)
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Filing 4
NOTICE of Lawsuit & Waiver Issued by Clerk - upon Commissioner, Indiana Department of Correction. (KAA)
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Filing 3
Order Discussing Filing Fee, Screening Complaint and Dismissing Certain Claims, and Directing the Issuance and Service of Process - The clerk is directed to correct the docket to show the defendant as "Commissioner, Indiana Department of Correction" in place of "I.D.O.C." The Court has directed that no later than December 31, 2019, Mr. Murphy shall pay the $400 filing fee for this action or seek leave to proceed without full prepayment of the filing fee, allowed a First Amendment and RLUIPA claim to proceed, directed the clerk to correct the defendant's name on the docket, allowed Mr. Murphy through December 31, 2019, in which to file a "motion to reconsider screening" or an amended complaint, and directed the issuance and service of process. The clerk is directed to send Mr. Murphy a form motion for seeking leave to proceed without full prepayment of the filing fee with his copy of this Order. SEE ORDER. Copy to Plaintiff via US Mail. Signed by Judge James R. Sweeney II on 12/5/2019.(KAA) (Additional attachment(s) added on 12/5/2019: #1 IFP form) (KAA).
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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 I.D.O.C, filed by JOSHUA WAYNE MURPHY. (No fee paid with this filing). (Attachments: #1 Envelope). (AKH)
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