WHEATLEY v. INDIANA DEPARTMENT OF CORRECTIONS et al
| ROY EDWARD WHEATLEY, JR. |
| INDIANA DEPARTMENT OF CORRECTIONS, CHRISMAN, FRYE and MYERS |
| 2:2020cv00409 |
| August 5, 2020 |
| US District Court for the Southern District of Indiana |
| James Patrick Hanlon |
| Doris L Pryor |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Filing 10 Documents to be Sent via Electronic Notice - re #9 NOTICE of Lawsuit & Waiver Issued by Clerk, #8 Order, #2 Complaint. Electronic Notice to IDOC. (LBT) |
| Filing 9 NOTICE of Lawsuit & Request for Waiver of Service of Summons Issued by Clerk as to (1) Indiana Department of Corrections; (2) Correctional Officer Myers; (3) Correctional Officer Frye; and (4) Correctional Officer Chrisman. (LBT) |
Filing 8
ORDER Screening Complaint, Dismissing Insufficient Claims, and Directing Service of Process - Mr. Wheatley's Eighth Amendment claims against officers Chrisman, Frye, and Myers shall proceed as submitted. Any claim for damages against the IDOC is dismissed, because damages against the IDOC would be barred by the Eleventh Amendment. However, Mr. Wheatley's claim for injunctive relief against IDOC shall proceed. This summary of claims includes all the viable claims identified by the Court. If Mr. Wheatley believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through October 19, 2020, in which to identify those claims. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants (1) Indiana Department of Corrections; (2) Correctional Officer Myers; (3) Correctional Officer Frye; and (4) Correctional Officer Chrisman in the manner specified by Rule 4(d). Process shall consist of the complaint, dkt. #2 , applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order. See order for details. Signed by Judge James Patrick Hanlon on 9/18/2020.(LBT)
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| Filing 7 CONSENT to Jurisdiction to US Magistrate Judge by ROY EDWARD WHEATLEY, JR. (TMC) |
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Filing 6
ORDER granting #3 Motion for Leave to Proceed in forma pauperis. Although the plaintiff is excused from pre-paying the full filing fee, he still must pay the three hundred and fifty dollar ($350.00) filing fee. 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. Signed by Judge James Patrick Hanlon on 8/11/2020. (KAA)
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| Filing 5 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. (TMC) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff ROY EDWARD WHEATLEY, JR. (Attachments: #1 Exhibit - Counselor's Statement and history)(REO) |
| Filing 2 COMPLAINT against CHRISMAN, FRYE, INDIANA DEPARTMENT OF CORRECTIONS, MYERS, filed by ROY EDWARD WHEATLEY, JR. (No fee paid with this filing) (REO) |
| Filing 1 CONSENT to Prisoner E-Service by ROY EDWARD WHEATLEY, JR. located at WVCF. Pursuant to General Order 2013-1, documents submitted by ROY EDWARD WHEATLEY, JRWA 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. (REO) |
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