ELDER v. DOBSON et al
| LLOYD T. ELDER, SR. |
| RIPLEY, PARISH and DOBSON |
| 2:2020cv00272 |
| May 27, 2020 |
| US District Court for the Southern District of Indiana |
| James Patrick Hanlon |
| Doris L Pryor |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
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This docket was last retrieved on May 11, 2021. A more recent docket listing may be available from PACER.
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Filing 46
FINAL JUDGMENT - The Court having this day issued its Entry directing the entry of final judgment, now enters FINAL JUDGMENT and this action is dismissed without prejudice. Copy sent to Plaintiff via US Mail. Signed by Judge James Patrick Hanlon on 5/11/2021.(JRB)
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Filing 45
Order Granting Motion for Summary Judgment and Directing Entry of Final Judgment - For the foregoing reasons, Sergeant Dobson's motion for summary judgment, dkt. #27 , is granted. Judgment dismissing this action without prejudice shall now issue. Ford, 362 F.3d at 401 (holding that "all dismissals under 1997e(a) should be without prejudice"). Copy sent to Plaintiff via US Mail. Signed by Judge James Patrick Hanlon on 5/11/2021. (JRB)
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Filing 44
RESPONSE in Opposition re #27 MOTION for Summary Judgment (Exhaustion of Administrative Remedies) , filed by Plaintiff LLOYD T. ELDER, SR. (Attachments: #1 Envelope)(AAS) Modified on 5/4/2021 (AAS). (Main Document 44 replaced on 5/4/2021) (AAS).
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Filing 43
ORDER - Mr. Elder states that he needs the summary judgment motion to respond to it the clerk shall include a copy of the motion, Dkt. #27 , with his copy of this Order. Mr. Elder's request that the Court serve his subpoenas, is denied. He has previously been notified that it is his responsibility to ensure that the subpoenas are served. Dkt. #35 . Because Mr. Elder states that he needs the copy of the summary judgment motion to respond to it, he shall have through April 30, 2021, to respond to the motion for summary judgment. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Doris L. Pryor on 3/29/2021. (Attachments: #1 Dkt 27)(KAA)
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Filing 42
RESPONSE re #39 Response DEFENDANT'S REPLY TO PLAINTIFF'S MOTION TO TRANSFER SUBPOENAS, filed by Defendant DOBSON. (Rasey, Taylor)
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Filing 41
Submission of Subpoenas, filed by Plaintiff LLOYD T. ELDER, SR. (Attachments: #1 Envelope)(AAS)
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Filing 40
RESPONSE - DEFENDANT'S REPLY TO PLAINTIFFS RESPONSE [DE 39]TO COURT ORDER, re #39 Response, filed by Defendant DOBSON. (Attachments: #1 Exhibit - A 12-2-20 Letter, #2 Exhibit - B Refused Mail, #3 Exhibit - C 12-17-20 Certified Card and Letter, #4 Exhibit - D 2-22-21 Letter and FedEx Receipt)(Rasey, Taylor)
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Filing 39
RESPONSE to Court #38 Order, filed by Plaintiff LLOYD T. ELDER, SR. (Attachments: #1 Envelope)(JRB)
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Filing 38
ORDER - Mr. Elder has not responded. Mr. Elder shall have through March 10, 2021, to respond to the Defendant's motion for summary judgment. Copy sent to Plaintiff via US Mail. Signed by Magistrate Judge Doris L. Pryor on 2/22/2021.(JRB)
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Filing 37
NOTICE of Change of Address for LLOYD T. ELDER, SR., 24 S. State Street, Sullivan, IN 47882. (Attachments: #1 Envelope) (AAS)
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Filing 36
RESPONSE TO PLAINTIFF'S MOTION TO ACKNOWLEDGE COURT ORDER, filed by Defendant DOBSON. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rasey, Taylor)
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Filing 35
Order Granting Motion for Issuance of Subpoenas and Directing Response to Motion to Acknowledge Court Order - The plaintiff's motion for issuance of subpoenas, dkt. #33 , is granted to the extent that the clerk shall include five endorsed, but otherwise blank subpoenas for the production of documents with the plaintiff's copy of this Order. his motion to acknowledge court order, Mr. Elder states that the defendants have not responded to discovery as directed in the Order of December 4, 2020. That motion, dkt. #34 , is granted to the extent that the defendants shall have through January 19, 2021, to notify the Court that they have responded to all discovery requests that are related to the affirmative defense that the plaintiff failed to exhaust his available administrative remedies. Copy sent to Plaintiff via US Mail. Signed by Magistrate Judge Doris L. Pryor on 1/15/2021. (Attachments: #1 Subpoena) (JRB)
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Filing 34
MOTION to Acknowledge Court Order, filed by Plaintiff LLOYD T. ELDER, SR. (Attachments: #1 Envelope)(JRB)
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Filing 33
MOTION to Submit Exhibits and for Blank Subpoena Forms, filed by Plaintiff LLOYD T. ELDER, SR. (Attachments: #1 Exhibit, #2 Envelope)(JRB)
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Filing 32
Submission of Notice Regarding Legal Mail, filed by Plaintiff LLOYD T. ELDER, SR. (Attachments: #1 Envelope)(AAS)
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Filing 31
ORDER - Mr. Elder's discovery motions, dkt. #22 , and #23 , are granted to the extent that defendants must not only provide materials in support of the motion for summary judgment, but must respond to Mr. Elder's discovery requests to the extent they are related to the affirmative defense. The defendants shall have through December 17, 2020, to do so. Mr. Elder's motion for an extension of time, dkt. #26 , is denied for the present because the defendants have not yet filed a motion for summary judgment. SEE ORDER. Copy sent to Plaintiff via US Mail. Signed by Magistrate Judge Doris L. Pryor on 12/4/2020. (JRB)
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Filing 30
ORDER granting #25 Motion to remove defendant Parish from Complaint. Any claim against defendant Parish is dismissed. The clerk shall terminate Parish as a defendant on the docket. Copy to Plaintiff via US Mail. Signed by Judge James Patrick Hanlon on 12/3/2020. (KAA)
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Filing 29
NOTICE of Filing PLRA Motion by DOBSON, PARISH (Rasey, Taylor)
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Filing 28
BRIEF/MEMORANDUM in Support re #27 MOTION for Summary Judgment (Exhaustion of Administrative Remedies) , filed by Defendants DOBSON, PARISH. (Attachments: #1 Exhibit A - Knox County Jail Grievance, #2 Exhibit B - Inmate Requests and Grievances)(Rasey, Taylor)
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Filing 27
MOTION for Summary Judgment (Exhaustion of Administrative Remedies) , filed by Defendants DOBSON, PARISH. (Rasey, Taylor)
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Filing 25
MOTION to Remove Defendant Parish from Complaint, filed by Plaintiff LLOYD T. ELDER, SR. (Attachments: #1 Envelope)(AAS)
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Filing 26
MOTION for Extension of Time for Summary Judgment, Subpoenas and Order Discovery, filed by Plaintiff LLOYD T. ELDER, SR. (Attachments: #1 Envelope)(AAS)
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Filing 24
RESPONSE in Opposition re #22 MOTION to Recover Discovery, filed by Defendants DOBSON, PARISH. (Rasey, Taylor)
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Filing 23
MOTION for Court to Intervene with Discovery, filed by Plaintiff LLOYD T. ELDER, SR. (Attachments: #1 Exhibit, #2 Envelope)(AAS)
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Filing 22
MOTION for Court Order for Discovery, filed by Plaintiff LLOYD T. ELDER, SR. (Attachments: #1 Envelope)(AAS)
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Filing 21
Entry Directing Development of Exhaustion Defense and Issuing Partial Stay - The defendants' exhaustion defense will be resolved pursuant to the following schedule. The defendants shall have through December 2, 2020, in which to either: SEE ORDER. The failure to pursue any of these options by the above deadline constitutes an abandonment of the exhaustion defense. If a dispositive motion is filed, the plaintiff shall have twenty-eight (28) days in which to respond. The defendants shall then have fourteen (14) days in which to reply. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Doris L. Pryor on 10/22/2020.(KAA)
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Filing 20
ANSWER to #1 Complaint and Affirmative Defenses, filed by DOBSON, PARISH.(Rasey, Taylor)
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Filing 19
WAIVER OF SERVICE Returned Executed, filed by PARISH, DOBSON. PARISH waiver sent on 8/20/2020; DOBSON waiver sent on 8/20/2020. (Rasey, Taylor)
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Filing 18
NOTICE of Appearance by Matthew Scott Clark on behalf of Defendants DOBSON, PARISH. (Clark, Matthew)
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Filing 17
NOTICE of Appearance by Lisa A. Baron on behalf of Defendants DOBSON, PARISH. (Baron, Lisa)
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Filing 16
NOTICE of Appearance by Taylor Lee Rasey on behalf of Defendants DOBSON, PARISH. (Rasey, Taylor)
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Filing 15
NOTICE of Lawsuit & Waiver Issued by Clerk as to 1) Commander Parish; 2) Sergeant Dobson (JRB)
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Filing 14
Order Granting Motion to Amend, Screening Amended Complaint, and Directing Further Proceedings - Mr. Elder has filed a motion to amend. The motion to amend, dkt. #13 , is granted. As discussed above, plaintiff Lloyd Elder's motion to amend his complaint, dkt. #13 , is granted. The clerk shall add Sergeant Dobson as a defendant on the docket. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to the defendants in the manner specified by Rule 4(d). Process shall consist of the amended complaint, dkt. #13 , applicable forms (Notice of Lawsuit and Request for Wavier of Service of Summons and Waiver of Service of Summons), and this Order. SEE ORDER. Copy sent to Plaintiff via US Mail. Signed by Judge James Patrick Hanlon on 8/20/2020. (JRB)
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Filing 13
MOTION for Leave to Amend Complaint, filed by Plaintiff LLOYD T. ELDER, SR. (Attachments: #1 Envelope)(AAS)
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Filing 12
NOTICE of Lawsuit & Waiver Issued by Clerk upon Commander Parish. (KAA)
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Filing 11
ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS, SCREENING COMPLAINT, AND DIRECTING FURTHER PROCEEDINGS - Mr. Elder's motion to proceed in forma pauperis, dkt. #2 , is GRANTED. Mr. Elder's motion to pursue severed claims, dkt. #9 , is GRANTED. The claims against Commander Parish shall proceed as identified in this Order. The clerk shall terminate Sergeant Dobson and Inmate Ripley as defendants. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to the defendant in the manner specified by Rule 4(d). Distributed pursuant to distribution list. Signed by Judge James Patrick Hanlon on 7/20/2020. (KAA)
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Filing 10
Submission of Request from Relief, filed by Plaintiff LLOYD T. ELDER, SR. (Attachments: #1 Envelope)(AAS)
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Filing 9
MOTION to Pursue Severed Claims, filed by Plaintiff LLOYD T. ELDER, SR. (Attachments: #1 Envelope)(AAS)
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Filing 8
Submission of Trust Account, filed by Plaintiff LLOYD T. ELDER, SR. (KAA)
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Filing 7
ORDER DIRECTING FURTHER PROCEEDINGS - The plaintiff will incur a separate filing fee for this case and may receive a "strike" under 28 U.S.C. 1915(g) if the Court determines that the severed complaint fails to state a claim upon which relief can be granted, or is frivolous or malicious. the plaintiff shall have through July 6, 2020, in which to notify the Court whether he wishes to pursue the severed claims in this case. If the plaintiff chooses to proceed, the Court will rule on his motion for leave to proceed in forma pauperis and screen the severed complaint in due course. The clerk is directed to docket in this case a copy of docket #8 , the plaintiff's submission of trust account, in case number 2:20-cv-221-JRS-MJD. Copy to Plaintiff via US Mail. Signed by Judge James Patrick Hanlon on 6/16/2020.(KAA)
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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 distributed to Plaintiff via US mail. (TMC)
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| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) |
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Filing 4
Order Severing Improperly Joined Claims, Dismissing Insufficient Claims,and Directing Opening of New Civil Actions - (Originally Docketed in 2:20-cv-221-JRS-MJD). Signed by Judge James R. Sweeney II on 5/27/2020.(JRB)
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| Filing 3 Submission of Response to Notice of Deficient Filing (Originally Docketed in 2:20-cv-221-JRS-MJD), filed by Plaintiff LLOYD T. ELDER, SR. (Attachments: #1 Envelope)(JRB) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff LLOYD T. ELDER, SR. (Attachments: #1 Envelope)(JRB) |
| Filing 1 COMPLAINT against DOBSON, PARISH, RIPLEY, filed by LLOYD T. ELDER, SR. (No fee paid with this filing) (Attachments: #1 Envelope)(JRB) |
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