WALKER v. GILSTRAP et al
| RAFAEL L. WALKER |
| DAVID GILSTRAP, FAUST, JACKIE BROWN, FRANK VANIHEL, CHRISTOPHER HOLCOMB, SHELBY CRICHFIELD and THOMAS WELLINGTON |
| 2:2023cv00150 |
| March 27, 2023 |
| U.S. District Court for the Southern District of Indiana |
| Mario Garcia |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 12 Documents to be Sent via Electronic Notice - re #10 Order, #1 Complaint, #11 NOTICE of Lawsuit & Waiver Issued by Clerk Electronic Notice to IDOC. (JSR) |
| Filing 11 NOTICE of Lawsuit & Waiver Issued by Clerk upon: 1) Frank Vanihel; 2) Christopher Holcomb; 3) Shelby Crichfield; 4) Thomas Wellington; 5) David Gilstrap; 6) Chaplain Faust; and 7) Jackie Brown. (JSR) |
Filing 10
Order Screening Complaint and Directing Further Proceedings - Plaintiff Rafael Walker is a prisoner currently incarcerated at Wabash Valley Correctional Facility ("WVCF"). He filed this civil action alleging that the defendants confiscated his rosary, denied him access to his religious medallion, and subjected him to unhygienic bedding and clothing. Because the plaintiff is a "prisoner," this Court has an obligation to screen the complaint before service on the defendants. This summary of claims includes all of the viable claims identified by the Court. All other claims have been dismissed. If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through June 2, 2023, in which to identify those claims. The clerk shall add Frank Vanihel, Christopher Holcomb, Shelby Crichfield and Thomas Wellington as defendants 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 complaint, dkt #1 , applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order. The clerk is directed to serve the Indiana Department of Correction employees electronically. (See Order.) Signed by Judge Jane Magnus-Stinson on 5/10/2023. Copy to Plaintiff via US mail. (JSR)
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Filing 9
ORDER denying #7 Motion for Leave to Proceed in forma pauperis as unnecessary because he has already been granted leave to proceed in forma pauperis. Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 4/6/2023. (KAA)
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| Filing 8 CONSENT to Jurisdiction to US Magistrate Judge by RAFAEL L. WALKER. (DWH) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff RAFAEL L. WALKER. (Attachments: #1 Exhibit)(JDC) |
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Filing 6
ORDER granting Plaintiff's #2 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 pursuant to the statutory formula set forth in 28 U.S.C. 1915(b)(2) when able. See 28 U.S.C. 1915(b)(1) ("the prisoner shall be required to pay the full amount of a 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. 28 U.S.C. 1915(b)(4). Accordingly, no initial partial filing fee is due at this time. Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 3/31/2023. (SWM)
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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. (Copy sent to plaintiff via US mail). (JRT) |
| Filing 4 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DJH) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff RAFAEL L. WALKER. (Attachments: #1 Certified Counselors Statement of Inmate Trust Fund Account, Resident Activity Reports)(DJH) |
| Filing 1 COMPLAINT against JACKIE BROWN, FAUST, DAVID GILSTRAP, filed by RAFAEL L. WALKER. (No fee paid with this filing) (Attachments: #1 Exhibits to Complaint, including Notice of Confiscated Property, Notice and Report of Action Taken on Correspondence, Requests for Interview, Statement on Offender's Religious Preference, records for grievance, administrative remedy,)(DJH) |
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