WHEELER v. INDIANA DEPARTMENT OF CORRECTIONS et al
| TRACEY WHEELER |
| ROBIN FEATHERSON, ICI, BRUCE SHEPPARD, PATRICK JACKSON, JAY HALL, LIZETTE TOBY, ROBERT STAFFORD, WENDY KNIGHT, INDIANA DEPARTMENT OF CORRECTIONS and MICHAEL SNOW |
| 3:2021cv00002 |
| January 4, 2021 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Richard L Young |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 25, 2021. A more recent docket listing may be available from PACER.
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Filing 12
Order Terminating Collection Order - The Order Directing Prisoner Payment, issued on January 7, 2021, dkt. #7 , is terminated because this action has been consolidated with case no. 3:20-cv-00096-RLY-MPB. Any additional payments received by the Court from this plaintiff will be applied to case no. 3:20-cv-00096-RLY-MPB. Copy sent to facility via US Mail and Finance via email. Signed by Judge Richard L. Young on 2/25/2021.(JRB)
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Filing 11
Order Consolidating Cases - The pretrial schedule issued in 3:20-cv-0096-RLY-MPB at dkt. 66 is suspended until further Order. The court finds that Mr. Wheeler's concerns are outweighed by the benefit of consolidation. In light of the common questions of law or fact between the two cases, significant judicial resources will be saved by consolidating case no. 3:21-cv-00002-RLY-MPB into case no. 3:20-cv-00096-RLY-MPB. Mr. Wheeler shall have through March 24, 2021, to amend his complaint in case no. 3:20-cv-00096-RLY-MPB so it includes all defendants, claims, and factual allegations he wishes to pursue. All future filings shall be filed under case no. 3:20-cv-00096-RLY-MPB. SEE ORDER. Signed by Judge Richard L. Young on 2/25/2021.(JRB)
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| Filing 10 RESPONSE, re #9 Order to Show Cause, filed by Plaintiff TRACEY WHEELER. (AAS) |
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Filing 9
ORDER TO SHOW CAUSE WHY ACTIONS SHOULD NOT BE CONSOLIDATED - All seven of the defendants named in case no. 3:20-cv-00096-RLY-MPB are also named as defendants in this case. Although Mr. Wheeler raises slightly different constitutional claims, the factual background supporting the claims is the same in both. In light of the common questions of law or fact between the two cases, significant judicial resources will be saved by consolidatingthese cases. Thus, the Court favors consolidation. Accordingly, Mr. Wheeler shall have through March 19, 2021, to show cause why the Court should not consolidate this action with case no. 3:20-cv-00096-RLY-MPB pursuant to Federal Rule of Civil Procedure 42(a)(2). SEE ORDER. Signed by Judge Richard L. Young on 2/22/2021.(AAS)
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Filing 7
***PLEASE DISERGARD. TERMINATED BY #12 *** ORDER Directing Monthly Payments be made from Prison Account of TRACEY WHEELER, 140083 - Plaintiff's custodian is directed to withhold sums from the inmate trust account of TRACEY WHEELER, 140083, and to forward such sums to the Clerk of this Court at 46 East Ohio Street, Room 105, Indianapolis, Indiana 46204, consistent with paragraph 2 of this Entry. The appropriate cause number, 3:21-CV-00002-RLY-MPB, should be placed on each payment sent to the Clerk. The sums withheld and forwarded shall be twenty percent (20%) of the preceding month's income credited to the inmate's account. Such sums shall be forwarded to the Clerk each time the amount in the inmate's account exceeds Ten Dollars ($10.00) until the filing fee is paid. As of the issuance of this Order, the balance of the filing fee still due in this case is$350. Copy to Plaintiff via US Mail. Signed by Judge Richard L. Young on 1/7/2021.(AAS) Modified on 2/25/2021 (JRB).
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Filing 6
ORDER granting #3 Motion for Leave to Proceed in forma pauperis - The plaintiff asserts that he is unable to prepay any filing fees due to his money being allocated to $150.00 of debt for legal postage and copy fees and child support. Id. The plaintiff requests the Court issue a collection order to help facilitate payment of the fee. That request is granted, and the Court willissue a collection order to facilitate his payment of the filing fee. The Court will screen the plaintiff's complaint in due course. Copy to Plaintiff via US Mail. Signed by Judge Richard L. Young on 1/7/2021. (AAS)
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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 distributed to Plaintiff via US mail. (TMC) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, TRACEY WHEELER. (Attachments: #1 Affidavit of Indigency)(DJH) |
| Filing 2 DECLARATION of TRACEY WHEELER re #1 Complaint by TRACEY WHEELER. (DJH) |
| Filing 1 COMPLAINT against ROBIN FEATHERSON, JAY HALL, ICI, INDIANA DEPARTMENT OF CORRECTIONS, PATRICK JACKSON, WENDY KNIGHT, BRUCE SHEPPARD, MICHAEL SNOW, ROBERT STAFFORD, LIZETTE TOBY, filed by TRACEY WHEELER. (No fee paid with this filing) (Attachments: #1 Jury Demand, #2 Exhibit 1 Defendants' Motion to Dismiss, #3 Exhibit 2 Report of Conduct, #4 Exhibit 3 Informal Grievance (request for interview), #5 Exhibit 4 Offender Grievance Response Report, #6 Exhibit 5 Industries Questions and Concerns, #7 Exhibit 6 emails re Tort Claim Notice, #8 Exhibit 7 request to Wendy Knight, #9 Exhibit 8 Informal Grievance, #10 Exhibit 9 emails re Offender Wheeler grievance, #11 Exhibit 10 Offender Grievance Response Report, #12 Exhibit 11 Offender Grievance Response Report, #13 Exhibit 12 Report of Conduct, #14 Exhibit 14 Inter-Shop Change Request, #15 Exhibit 15 Offender Grievance, #16 Exhibit 16 Request for Interview, #17 Exhibit 17 Offender Evaluation and Performance Report, #18 Exhibit 18 letter dated 1/13/2020)(DJH) |
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