SEBOLT v. UNITED STATES OF AMERICA

SEBOLT v. UNITED STATES OF AMERICA

Plaintiff:	PHILIP M. SEBOLT
Defendant:	UNITED STATES OF AMERICA
Case Number:	2:2020cv00009
Filed:	January 6, 2020
Court:	US District Court for the Southern District of Indiana
Presiding Judge:	Mark J Dinsmore
Referring Judge:	Jane Magnus-Stinson
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on October 18, 2022. A more recent docket listing may be available from PACER.

Date Filed	Document Text
January 7, 2020	Filing 44 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)
January 6, 2020	Filing 43 Case transferred in from District of Virginia Eastern; Case Number 1:18-cv-01165. Original file copy of transfer order and docket sheet received.
January 6, 2020	Filing 42 Memorandum Opinion and Order- It is hereby ORDERED that plaintiff's motion for leave to file a surreply [Dkt. No. #38 be and is GRANTED nunc pro tunc to October 29, 2019; and it is further ORDERED that defendant's motion to dismiss or, in the alternative, motion for summary judgment [Dkt. Nos. #13 , #14 #15 be and is GRANTED IN PART AND DENIED IN PART such that plaintiff's Petersburg-based claims are DISMISSED as time-barred; and it is further ORDERED that the remaining claims be and are TRANSFERRED to the Terre Haute Division of the United States District Court for the Southern District of Indiana; and it is further ORDERED that this action be and is STRICKEN from this Court's active docket. Signed by District Judge Anthony J Trenga on 1/6/2020. (See order for further details). (acha, ) Copies sent as directed in the order. [Transferred from Virginia Eastern on 1/6/2020.]
January 6, 2020	Case transferred to the Terre Haute Division of the United States District Court for the Southern District of Indiana. Original file, certified copy of transfer order, and docket sheet sent. (acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
December 11, 2019	Filing 41 PLRA Filing fee: $ 10.00, receipt number 14683082364 (Attachments: #1 Voucher) (acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
November 13, 2019	Filing 40 PLRA Filing fee: $ 30.04, receipt number 14683081908 (Attachments: #1 Voucher) (acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
October 28, 2019	Filing 39 Plaintiff's Sur-Reply Brief in Opposition re: #13 MOTION to Dismiss Pursuant to Rule 12(b)(3) with Roseboro, #14 MOTION to Dismiss for Failure to State a Claim with Roseboro, #15 MOTION for Summary Judgment with Roseboro, filed by Philip M. Sebolt. (Attachments: #1 Letter, #2 Envelope)(acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
October 28, 2019	Filing 38 MOTION for Leave to File a Sur-Reply Brief in re #13 MOTION to Dismiss, #14 Pursuant to Rule 12(b)(3) with Roseboro, or in the Alternative #15 Motion for Summary Judgment with Roseboro. by Philip M. Sebolt. (Attachments: #1 Letter, #2 Envelope)(acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
October 22, 2019	Filing 37 Filing fee: $ 17.00, receipt number 14683081521 (Attachments: #1 Voucher) (choy, ) [Transferred from Virginia Eastern on 1/6/2020.]
September 26, 2019	Filing 36 Plaintiff's Written Objection to Defendant's #15 MOTION for Summary Judgment Evidence filed by Philip M. Sebolt. (Attachments: #1 Letter, #2 Envelope)(acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
September 16, 2019	Filing 35 PLRA Filing fee: $ 10.00, receipt number 14683080717 (Attachments: #1 Voucher) (acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
September 16, 2019	Filing 34 PLRA Filing fee: $ 10.00, receipt number 14683080717. (acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
August 22, 2019	Filing 33 REPLY to Response to Motion re #15 MOTION for Summary Judgment with Roseboro,., #14 MOTION to Dismiss for Failure to State a Claim with Roseboro,., #13 MOTION to Dismiss Pursuant to Rule 12(b)(3) with Roseboro,. filed by United States of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Spavins, Elizabeth) [Transferred from Virginia Eastern on 1/6/2020.]
August 20, 2019	Filing 32 ORDER- It is hereby ORDERED that defendants' Motion for an Enlargement of Time [Dkt. No. #31 be and is GRANTED, and defendants shall file a response by August 22, 2019. Signed by District Judge Anthony J Trenga on 8/20/2019. (See order for further details). (acha, )Copy sent as directed in the order. [Transferred from Virginia Eastern on 1/6/2020.]
August 19, 2019	Filing 31 MOTION for Extension of Time to File Response/Reply as to #29 Response in Opposition to Motion, by United States of America. (Attachments: #1 Proposed Order)(Spavins, Elizabeth) [Transferred from Virginia Eastern on 1/6/2020.]
August 13, 2019	Filing 30 Declaration of Philip M. Sebolt re #29 Plaintiff's RESPONSE to Defendant's re #15 MOTION for Summary Judgment with Roseboro,., #14 MOTION to Dismiss for Failure to State a Claim with Roseboro,., #13 MOTION to Dismiss Pursuant to Rule 12(b)(3) with Roseboro,. filed by Philip M. Sebolt. (Attachments: #1 Envelope)(acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
August 13, 2019	Filing 29 Plaintiff's RESPONSE to Defendant's re #15 MOTION for Summary Judgment with Roseboro,., #14 MOTION to Dismiss for Failure to State a Claim with Roseboro,., #13 MOTION to Dismiss Pursuant to Rule 12(b)(3) with Roseboro,. filed by Philip M. Sebolt. (Attachments: #1 Attachment A, #2 Attachment B, #3 Attachment C, #4 Letter, #5 Envelope)(acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
August 9, 2019	Filing 28 PLRA Filing fee: $ 20.06, receipt number 14683080132 (Attachments: #1 Voucher) (acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
July 19, 2019	Filing 27 ORDER- It is hereby ORDERED that plaintiff's Motion for Extension of Time [Dkt. No. #25 be and is GRANTED in part such that plaintiff will be afforded an additional fourteen (14) days from the date of this Order to file a response to defendant's dispositive motions. Signed by District Judge Anthony J Trenga on 7/19/2019. (See order for further details). (acha, )Copy mailed as directed in the order. [Transferred from Virginia Eastern on 1/6/2020.]
July 15, 2019	Filing 26 Declaration of Philip M. Sebolt in Support re #25 FINAL MOTION for Extension of Time to File Response/Reply as to #15 MOTION for Summary Judgment with Roseboro,., #14 MOTION to Dismiss for Failure to State a Claim with Roseboro,., #13 MOTION to Dismiss Pursuant to Rule 12 filed by Philip M. Sebolt. (Attachments: #1 Letter, #2 Envelope)(acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
July 15, 2019	Filing 25 FINAL MOTION for Extension of Time to File Response/Reply as to #15 MOTION for Summary Judgment with Roseboro,., #14 MOTION to Dismiss for Failure to State a Claim with Roseboro,, #13 MOTION to Dismiss Pursuant to Rule 12(b)(3) with Roseboro,. by Philip M. Sebolt. (Attachments: #1 Envelope)(acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
July 15, 2019	Filing 24 PLRA Filing fee: $ 10.00, receipt number 14683079690 (Attachments: #1 Voucher) (acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
June 13, 2019	Filing 23 PLRA Filing fee: $ 30.00, receipt number 14683079145 (Attachments: #1 Voucher) (acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
May 15, 2019	Filing 22 ORDER- It is hereby ORDERED that plaintiff's Motion for Extension of Time [Dkt. No. #18 ] be and is GRANTED in part such that plaintiff will be afforded an additional thirty (30) days from the date of this Order to file a response to defendant's motion. Signed by District Judge Anthony J Trenga on 5/15/2019. (See order for further details). (acha, )Copy sent as directed in the order. [Transferred from Virginia Eastern on 1/6/2020.]
May 10, 2019	Filing 21 PLRA Filing fee: $ 20.00, receipt number 14683078624 (dvanm, ) [Transferred from Virginia Eastern on 1/6/2020.]
May 8, 2019	Filing 20 RESPONSE in Opposition re #18 MOTION for Extension of Time to File Response/Reply as to #15 MOTION for Summary Judgment with Roseboro,., #14 MOTION to Dismiss for Failure to State a Claim with Roseboro,., #13 MOTION to Dismiss Pursuant to Rule 12 filed by United States of America. (Spavins, Elizabeth) [Transferred from Virginia Eastern on 1/6/2020.]
May 6, 2019	Filing 19 Declaration in Support re #18 MOTION for Extension of Time to File Response/Reply as to #15 MOTION for Summary Judgment with Roseboro,., #14 MOTION to Dismiss for Failure to State a Claim with Roseboro,., #13 MOTION to Dismiss Pursuant to Rule 12 by Philip M. Sebolt. (Attachments: #1 Envelope)(acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
May 6, 2019	Filing 18 MOTION for Extension of Time In Which to Submit Response In Opposition to Defendant's as to #15 MOTION for Summary Judgment with Roseboro,., #14 MOTION to Dismiss for Failure to State a Claim with Roseboro,., #13 MOTION to Dismiss Pursuant to Rule 12(b)(3) with Roseboro,. by Philip M. Sebolt. (Attachments: #1 Letter, #2 Envelope)(acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
April 9, 2019	Filing 17 PLRA Filing fee: $ 17.68, receipt number 14683078103 (Attachments: #1 Voucher) (acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
April 2, 2019	Filing 16 Memorandum in Support re #15 MOTION for Summary Judgment with Roseboro,., #14 MOTION to Dismiss for Failure to State a Claim with Roseboro,., #13 MOTION to Dismiss Pursuant to Rule 12(b)(3) with Roseboro,. filed by United States of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Spavins, Elizabeth) [Transferred from Virginia Eastern on 1/6/2020.]
April 2, 2019	Filing 15 MOTION for Summary Judgment with Roseboro,. by United States of America. (Attachments: #1 Exhibit)(Spavins, Elizabeth) [Transferred from Virginia Eastern on 1/6/2020.]
April 2, 2019	Filing 14 MOTION to Dismiss for Failure to State a Claim with Roseboro,. by United States of America. (Attachments: #1 Exhibit)(Spavins, Elizabeth) [Transferred from Virginia Eastern on 1/6/2020.]
April 2, 2019	Filing 13 MOTION to Dismiss Pursuant to Rule 12(b)(3) with Roseboro,. by United States of America. (Attachments: #1 Exhibit)(Spavins, Elizabeth) [Transferred from Virginia Eastern on 1/6/2020.]
April 2, 2019	Filing 12 NOTICE of Appearance by Elizabeth Anne Spavins on behalf of United States of America (Spavins, Elizabeth) [Transferred from Virginia Eastern on 1/6/2020.]
March 8, 2019	Filing 11 PLRA Filing fee: $ 20.46, receipt number 14683077568 (Attachments: #1 Voucher) (acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
March 4, 2019	Filing 10 PLRA Filing fee: $ 28.83, receipt number 14683077458. (Attachments: #1 Voucher) (acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
February 5, 2019	Filing 9 Summons Issued as to United States of America, U.S. Attorney and U.S. Attorney General by Certified Mail. (acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
February 1, 2019	Filing 8 ORDER- It is hereby ORDERED that plaintiff's application to proceed in forma pauperis [Dkt. No. #4 ] be and is GRANTED and plaintiff's complaint is deemed filed as of this date; and it is further ORDERED that defendant file an answer or other responsive pleading to the complaint within sixty (60) days of the date of service, pursuant to Fed. R. Civ. P. 12(a)(2); and it is further ORDERED that, within twenty-one (21) days of any defendant filing a responsive pleading, plaintiff file any opposition, including counter-affidavits or other responsive material contesting the affidavits or records filed by defendant; and it is further ORDERED that plaintiffs failure to notify the court immediately upon being transferred, released, or otherwise relocated, may result in the dismissal of this complaint pursuant to Fed. R. Civ. P. 41(b). Signed by District Judge Anthony J Trenga on 2/1/2019. (See order for further details). (acha, ) Copies sent as directed in the order. [Transferred from Virginia Eastern on 1/6/2020.]
January 11, 2019	Filing 7 Prisoner Trust Fund Account Statement by Philip M. Sebolt. (acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
December 14, 2018	Filing 6 ORDER- It is hereby ORDERED that the Clerk request plaintiff's institution to provide an Inmate Account Report Form on plaintiff within thirty(30) days of the date of the Order. Signed by District Judge Anthony J Trenga on 12/14/2018. (See order for further details). (acha, ) Copies mailed as directed in the order. (acha, ). [Transferred from Virginia Eastern on 1/6/2020.]
November 9, 2018	Filing 5 Consent to Collection of Fees by Philip M. Sebolt. (Attachments: #1 Letter, #2 Envelope)(acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
November 9, 2018	Filing 4 MOTION for Leave to Proceed in forma pauperis by Philip M. Sebolt. (Attachments: #1 Letter, #2 Envelope)(acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
October 1, 2018	Filing 3 ORDERED that the petition be and is conditionally filed pending compliance with the requirements of this Order; that plaintiff is assessed a filing fee of $350 and an administrative fee of $50; that plaintiff either (1) pay the $400 filing fee or (2) complete the attached Consent form and application to proceed in forma pauperis; that the Clerk request plaintiff's institution to provide an Inmate account report form on plaintiff within 30 days of this Order; that plaintiff's failure to comply with any part of this Order within 30 days of the date of this Order, or failure to notify this Court immediately upon being transferred, released, or otherwise relocated, may result in the dismissal of this complaint pursuant to Fed. R. Civ. P. 41(b). Signed by District Judge Anthony J Trenga on 10/1/2018. (rban, ) [Transferred from Virginia Eastern on 1/6/2020.]
September 13, 2018	Filing 2 Acknowledgment of Receipt letter sent to Philip Sebolt. (acha, ) [Transferred from Virginia Eastern on 1/6/2020.]
September 13, 2018	Filing 1 COMPLAINT against United States of America (Filing fee $ 400.), filed by Philip M. Sebolt, not paid. (Attachments: #1 Letter, #2 Prisoner Data Report, #3 Envelope)(acha, ) [Transferred from Virginia Eastern on 1/6/2020.]

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Plaintiff: PHILIP M. SEBOLT
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Defendant: UNITED STATES OF AMERICA
Represented By:	Elizabeth Anne Spavins
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