JOHNSON v. LAPPE et al
| CHARLES JOHNSON |
| DEREK LAPPE, ANDREW DILE, VANDERBURGH COUNTY JAIL, JAIL STAFF, SHERIFF OF VANDERBURGH COUNTY, BRAD TAYLOR and NATHAN WATSON |
| 3:2022cv00071 |
| May 24, 2022 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Richard L Young |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on July 22, 2022. A more recent docket listing may be available from PACER.
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Filing 80
ORDER denying #70 Motion to Stay - SEE ORDER. Copy sent to Plaintiff via US Mail. Signed by Judge Richard L. Young on 7/22/2022. (JRB)
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Filing 79
ORDER granting #69 Motion to Sever - Mr. Johnson shall either file a motion for leave to proceed in forma pauperis by attaching a copy of the transactions associated with his institution trust account for the 6-month period preceding the filing of this action or pay the $402.00 filing fee as required by 28 U.S.C. 1915(a)(2). He shall do so no later than August 12, 2022. Copy to Plaintiff via US Mail. Signed by Judge Richard L. Young on 7/18/2022. (AAS)
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| Filing 78 NOTICE of Lawsuit & Waiver Issued by Clerk TO: Nathan Watson. (AAS) |
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Filing 77
Order Reconsidering Screening Order and Directing Service of Process - These claims will proceed against Nathan Watson. The clerk is directed to add Nathan Watson as a defendant on the docket. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to Nathan Watson in the manner specified by Rule 4(d). Process shall consist of the Amended Complaint filed on April 20, 2022, dkt #57 , applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order. Copy to Plaintiff and Defendant via US Mail. Signed by Judge Richard L. Young on 7/18/2022.(AAS)
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Filing 76
ORDER Directing Monthly Payments be made from Prison Account of CHARLES JOHNSON, 270530 - Plaintiff's custodian is directed to withhold sums from the inmate trust account of CHARLES JOHNSON, 270530, 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, 3:22-CV-00071-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. "Income" means all deposits including settlement proceeds, gifts, or bequests from family.1 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 and Warden via US Mail. Signed by Judge Richard L. Young on 7/18/2022.(AAS)
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Filing 75
Order Granting Motion for Extension of Time in part andResetting Pretrial Deadlines #73 Dispositive Motions due by 12/2/2022, Discovery due by 11/4/2022. The parties shall refer to the Court's pretrial schedule dated July 15, 2021, dkt. #29 , for descriptions of the various deadlines and for instructions regarding discovery. SEE ORDER FOR ADDITIONAL DEADLINES. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 6/29/2022.(AAS)
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Filing 74
ORDER granting #63 Motion to Transfer Case. All pending motions shall remain pending. The Clerk is directed to transfer this matter to the Evansville Division. The assignment of judicial officers following transfer shall be by random draw. (Copy to Plaintiff via U.S. mail) Signed by Judge Tanya Walton Pratt on 5/24/2022. (JDC)
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| Filing 73 First MOTION for Extension of Time to September 3, 2022 in which to #66 Scheduling Order Resetting Pretrial Deadlines, filed by Defendants ANDREW DILE, DEREK LAPPE, SHERIFF OF VANDERBURGH COUNTY, BRAD TAYLOR. (Attachments: #1 Text of Proposed Order)(Jones, David) |
| Filing 72 NOTICE of Response to Plaintiff's Request for Production and Compliance with Court's Order Granting, in Part, Plaintiff's Motion to Compel, filed by Defendants ANDREW DILE, DEREK LAPPE, SHERIFF OF VANDERBURGH COUNTY, BRAD TAYLOR, re #64 Order on Motion to Compel. (Attachments: #1 Exhibit - Records from the Vanderburgh County Sheriff's Office) (Jones, David) |
| Filing 71 BRIEF/MEMORANDUM in Support re #70 MOTION to Stay re #58 Order , filed by Defendants ANDREW DILE, DEREK LAPPE, SHERIFF OF VANDERBURGH COUNTY, BRAD TAYLOR. (Jones, David) |
| Filing 70 MOTION to Stay re #58 Order , filed by Defendants ANDREW DILE, DEREK LAPPE, SHERIFF OF VANDERBURGH COUNTY, BRAD TAYLOR. (Attachments: #1 Exhibit A - Notice of deployment from the Department of the Army to Andrew Dile dated March 8, 2021, #2 Text of Proposed Order Staying Case)(Jones, David) |
| Filing 69 MOTION to Sever Claims, filed by Plaintiff CHARLES JOHNSON. (Attachments: #1 Envelope)(AKH) |
| Filing 68 NOTICE of Partial Compliance with Order Granting in Part and Denying in Part Plaintiff's Motion to Compel, filed by Defendants ANDREW DILE, DEREK LAPPE, SHERIFF OF VANDERBURGH COUNTY, BRAD TAYLOR, VANDERBURGH COUNTY JAIL, re #64 Order on Motion to Compel. (Jones, David) |
| Filing 67 ENTRY DIRECTING DEVELOPMENT OF EXHAUSTION DEFENSE AND ISSUING PARTIAL STAY RELATED TO PLAINTIFF'S MEDICAL CARE CLAIM - The defendants' exhaustion defense will be resolved pursuant to the following schedule. The defendants shall have through June 15, 2022, in which to either (see Entry). The failure to pursue any of these options by the above deadline constitutes an abandonment of the exhaustion defense (see Entry). Copy to Plaintiff via US Mail. Signed by Magistrate Judge Tim A. Baker on 5/6/2022.(SWM) |
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Filing 66
ORDER RESETTING PRETRIAL DEADLINES - The following deadlines shall apply to the new claims in Plaintiff Charles Johnson's amended complaint, dkt. [ #57 ] (see Order for established deadlines). The clerk is directed to make the following changes to the docket (see Order). Copy to Plaintiff via US Mail. Signed by Magistrate Judge Tim A. Baker on 5/6/2022.(SWM)
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Filing 65
ORDER granting Defendants' #50 Motion to Compel - Plaintiff shall respond to Defendants' request for production, which includes completing the health authorization, within sixty days of this Order. See Order for additional information. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Tim A. Baker on 5/6/2022. (SWM)
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Filing 64
ORDER granting in part and denying in part Plaintiff's #42 Motion to Compel; granting in part and denying in part Plaintiff's #43 Motion to Compel. SEE ORDER FOR DETAILS. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Tim A. Baker on 5/6/2022. (SWM)
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Remark- (Vanderburgh County Jail and Jail Staff terminated on 4/12/2021) re #66 ORDER RESETTING PRETRIAL DEADLINES - The following deadlines shall apply to the new claims in Plaintiff Charles Johnson's amended complaint, dkt. [ #57 ] (see Order for established deadlines). The clerk is directed to make the following changes to the docket (see Order). Copy to Plaintiff via US Mail. Signed by Magistrate Judge Tim A. Baker on 5/6/2022.(SWM) (SWM)
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| Filing 63 MOTION to Transfer Case to the Evansville Division of the Southern District of Indiana, filed by Defendants DILE, JAIL STAFF, LAPPE, SHERIFF OF VANDERBURGH COUNTY, VANDERBURGH COUNTY JAIL. (Attachments: #1 Text of Proposed Order)(Jones, David) |
| Filing 62 Defendants' ANSWER to #57 Amended Complaint and Affirmative Defenses, filed by All Defendants.(Jones, David) |
| Filing 61 NOTICE of Appearance by Craig R. Emig on behalf of Defendants DILE, SHERIFF OF VANDERBURGH COUNTY. (Emig, Craig) |
| Filing 60 NOTICE of Appearance by David L. Jones on behalf of Defendants DILE, SHERIFF OF VANDERBURGH COUNTY. (Jones, David) |
| Filing 59 NOTICE of Lawsuit & Waiver Issued by Clerk upon: (1) Sgt. Derek Lappe and (2) Brad Traylor. (AKH) |
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Filing 58
ORDER SCREENING AMENDED COMPLAINT AND DIRECTING FURTHER PROCEEDINGS - This matter is before the Court for screening of the amended complaint. Plaintiff Charles Johnson, an inmate at New Castle Correctional Facility, brings this action alleging that the Vanderburgh County Jail officials violated his civil rights while he was a pretrial detainee at the Vanderburgh County Jail. The Court previously screened his complaint and permitted some claims to proceed. (Dkt. #10 ). On April 20, 2022, Johnson filed an amended complaint. (Dkt. #57 ). Because Johnson is a "prisoner", this Court has an obligation to screen his amended complaint before service on the defendants. For the reasons explained above, Johnson's Fourteenth Amendment claims based on the excessive force incident and subsequent denial of timely medical care shall proceed against Derek Lappe, Andrew Dile, Brad Traylor, and the Vanderburgh County Sheriff. Johnson shall have through May 21, 2022, in which to notify the Court whether he wishes the Court to sever the conditions of confinement claim discussed above into a new action. If there were additional claims raised in the amended complaint that the Court failed to identify, the plaintiff may identify those claims, and they will be severed. If the plaintiff fails to so notify the Court, the misjoined claims will be considered abandoned and will be dismissed without prejudice. The clerk is to issue process to defendants Derek Lappe and Brad Traylor. Process shall consist of the amended complaint, dkt. #57 , applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of service of Summons), and this Order. Since Officer Dile and the Vanderburgh County Sheriff are already parties to this action, the Court will not direct service to these defendants. They shall have fourteen days to file an answer to the Amended Complaint. SO ORDERED. Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 4/22/2022. (AKH)
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| Filing 57 AMENDED COMPLAINT against DILE, JAIL STAFF, LAPPE, SHERIFF OF VANDERBURGH COUNTY, VANDERBURGH COUNTY JAIL, filed by CHARLES JOHNSON.(AKH) |
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Filing 56
ORDER GRANTING #49 MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT - On January 21, 2022, Plaintiff Charles Johnson file a motion for leave to file an amended complaint. Dkt. #49 . Defendants did not respond. Accordingly, Mr. Johnson's motion for leave to file an amended complaint, dkt. #49 , is GRANTED. The clerk is directed to docket his amended complaint, dkt. [49-1], as a separate docket entry. The amended complaint will be screened in due course. (See Order). Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 4/20/2022. (AKH)
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Filing 55
ORDER granting Defendants' #51 Motion for Extension of Pre-Trial Deadlines - IT IS, THEREFORE, ORDERED that the existing pre-trial deadlines set in the Court's Order of January 21, 2022 are vacated, and the Court will issue a new Scheduling Order. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Tim A. Baker on 4/19/2022. (SWM)
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| Filing 54 Discovery Second set of Interrogatories to Defendants, filed by Plaintiff CHARLES JOHNSON. (Attachments: #1 Envelope)(AKH) |
| Filing 53 NOTICE of Filing Second Set of Interrogatories, filed by CHARLES JOHNSON. (Attachments: #1 Envelope) (AKH) |
| Filing 52 RESPONSE in Opposition re #50 MOTION to Compel , filed by Plaintiff CHARLES JOHNSON. (Attachments: #1 Envelope)(AKH) |
| Filing 51 MOTION for Extension of Time to June 22, 2022 in which to #45 Order on MotionOrder on Motion for Extension of Time to FileOrder on Motion for DiscoveryOrder on Motion to Compel , filed by Defendants DILE, SHERIFF OF VANDERBURGH COUNTY. (Attachments: #1 Text of Proposed Order)(Jones, David) |
| Filing 50 MOTION to Compel , filed by Defendants DILE, SHERIFF OF VANDERBURGH COUNTY. (Attachments: #1 Exhibit A - Defendants' Request for Production to Plaintiff, #2 Exhibit B - Authorization for Use, Disclosure or Release of Protected Health Information and Medical and Psychiatric Records, #3 Exhibit C - Letter dated February 15, 2022 from Defendants' counsel to Plaintiff, #4 Text of Proposed Order)(Jones, David) |
| Filing 49 MOTION for Leave to Amend Complaint, filed by Plaintiff CHARLES JOHNSON. (Attachments: #1 Proposed Amended Complaint, #2 Exhibits, #3 Proposed Summons, #4 Envelope)(AKH) |
| Filing 48 NOTICE of Service of First Interrogatories, filed by Plaintiff CHARLES JOHNSON (Attachments: #1 Exhibit, #2 Envelope) (AKH) |
| Filing 47 NOTICE of Service of Disclosures, filed by Plaintiff CHARLES JOHNSON. (Attachments: #1 Exhibit, #2 Envelope) (AKH) |
| Filing 46 NOTICE of Plaintiff's Answers to Interrogatories, filed by Plaintiff CHARLES JOHNSON (Attachments: #1 Exhibit, #2 Envelope) (AKH) |
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Filing 45
ORDER - Mr. Johnson filed a motion for discovery request and production of documents, dkt #30 . This motion is a copy of the discovery he purportedly served on the defendants' attorney September 7, 2021. Dkt. 30 at p. 5. This motion, dkt [ #30 ], is granted to the extent that Defendants are directed to respond to this motion as if it was were served as a discovery request. Relatedly, the plaintiff's unopposed motion to compel filed November 15, 2021, dkt [ #38 ], is granted to the extent that the defendants are required to respond to the discovery requests presented at docket number 30. Similarly, Mr. Johnson filed a "motion to perform limited discovery," dkt #33 . This motion asks the Sheriff to identify the individuals in the Complaint, Section IV. Claims, 1 and 3. Mr. Johnson appears to be seeking the names of the nurse, jail commander, and other staff. This motion, dkt [ #33 ], is granted to the extent that the Defendant Sheriff is directed to respond to this motion as if it was were served as a discovery request. Mr. Johnson's motion for time to serve his initial disclosures on the defendants' attorney, dkt [ #31 ] is denied as unnecessary. The affidavit filed along with Mr. Johnson's motion reflects his good faith effort to comply with the initial disclosure requirement. In addition, initial disclosure must be updated as additional information becomes available. Mr. Johnson's motion to extend the deadline to file an amended complaint, dkt [ #36 ], is granted. Mr. Johnson shall have through March 22, 2022, in which to file a motion to amend his complaint along with his proposed amended complaint. Mr. Johnson's motions to extend the deadlines for expert witnesses, discovery and dispositive motions as set forth in the July 15, 2021, pretrial schedule, dkts [ #31 ], [ #40 ], [ #41 ], are granted as follows: Expert Witnesses: April 22, 2022. Discovery: May 24, 2022 and Motions for Summary Judgment: June 24, 2022. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Tim A. Baker on 1/21/2022. (SWM)
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| Filing 44 RESPONSE in Opposition re #42 MOTION to Compel Defendants' Full Compliance with Motion of Discovery Request and Production of Documents, filed by Defendants DILE, SHERIFF OF VANDERBURGH COUNTY. (Jones, David) |
| Filing 43 MOTION to Compel, filed by Plaintiff CHARLES JOHNSON. (Attachments: #1 Exhibits, #2 Envelope)(AKH) |
| Filing 42 MOTION to Compel Defendant's Full Compliance with Motion of Discovery, filed by Plaintiff CHARLES JOHNSON. (Attachments: #1 Exhibits, #2 Envelope)(AKH) |
| Filing 41 MOTION for Extension of Time, filed by Plaintiff CHARLES JOHNSON. (Attachments: #1 Exhibit, #2 Envelope)(AKH) |
| Filing 40 MOTION for Extension of Time, filed by Plaintiff CHARLES JOHNSON. (Attachments: #1 Exhibits, #2 Envelope)(AKH) |
| Filing 39 NOTICE of Service of Discovery Responses, filed by Defendants DILE, SHERIFF OF VANDERBURGH COUNTY (Jones, David) |
| Filing 38 MOTION to Compel, filed by Plaintiff CHARLES JOHNSON. (Attachments: #1 Exhibits, #2 Envelope)(AKH) |
| Filing 37 NOTICE of Service of Defendants' Response to Plaintiff's Settlement Demand of October 12, 2021, filed by Defendants DILE, SHERIFF OF VANDERBURGH COUNTY (Jones, David) |
| Filing 36 MOTION for Extension of Time for Amended Pleadings, filed by Plaintiff CHARLES JOHNSON. (Attachments: #1 Envelope)(AKH) |
| Filing 35 NOTICE of Service of Initial Disclosures , filed by Defendants DILE, SHERIFF OF VANDERBURGH COUNTY. (Jones, David) |
| Filing 34 NOTICE of Filing by CHARLES JOHNSON (Attachments: #1 Envelope) (AKH) |
| Filing 33 MOTION to Perform Limited Discovery, filed by Plaintiff CHARLES JOHNSON. (Attachments: #1 Envelope)(AKH) |
| Filing 32 AFFIDAVIT by CHARLES JOHNSON. (Attachments: #1 Envelope)(AKH) |
| Filing 31 MOTION for Extension of Time for Discovery, filed by Plaintiff CHARLES JOHNSON. (Attachments: #1 Envelope)(AKH) |
| Filing 30 MOTION for Discovery, filed by Plaintiff CHARLES JOHNSON. (Attachments: #1 Envelope)(AKH) |
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Filing 29
ORDER SETTING PRETRIAL SCHEDULE AND DISCUSSING DISCOVERY IN PRISONER LITIGATION: This Order sets the schedule for how this action shall proceed. Part I sets forth the pretrial deadlines. Part II discusses various aspects of discovery. Facilitating the discovery process can be difficult, and this Order is issued in an effort to help explain and streamline the process for the parties. The parties should carefully read this Order. *SEE ORDER FOR ADDITIONAL INFORMATION*. Dispositive Motions due by 2/14/2022. Discovery due by 1/14/2022. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Tim A. Baker on 7/15/2021.(SWM) Modified on 7/15/2021 (SWM).
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Filing 28
ORDER DENYING PLAINTIFF'S DUPLICATE AND CORRECTED MOTIONS - Plaintiff Charles Johnson's July 9, 2021, motion for an extension of time, dkt. [ #24 ], is denied as moot because it is a duplicate of the same motion filed July 6, 2021, see dkt. #23 . The first motion was also denied. See dkt. #26 . Mr. Johnson's July 9, 2021, corrected motion for assistance with recruiting counsel, dkt. [ #25 ], is denied as moot because it is a duplicate of the same motion filed June 24, 2021, see dkt. #20 . The clerk is directed to send Mr. Johnson another copy of docket entries 22 and 26 with his copy of this Order. See Order for additional information. Copies to Plaintiff via US Mail. Signed by Magistrate Judge Tim A. Baker on 7/13/2021. (SWM)
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| Filing 27 RESPONSE to the Court's Order for Defendants to Show Cause, re #21 Order to Show Cause, filed by Defendants DILE, SHERIFF OF VANDERBURGH COUNTY. (Jones, David) |
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Filing 26
ORDER denying Plaintiff's #23 Motion for Extension of Time to proceed with claims - The plaintiff's July 6, 2021, motion for an extension of time to proceed with claims, dkt. [ #23 ], is denied. A pretrial schedule has not yet been entered. No discovery deadlines have been set. The defendants have been directed to address their affirmative defense of failure to exhaust administrative remedies no later than July 13, 2021. See dkt. #21 . Further orders will enter following the defendants' response. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Tim A. Baker on 7/12/2021. (SWM)
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| Filing 25 Corrected MOTION for Assistance with Recruiting Counsel re #20 , filed by Plaintiff CHARLES JOHNSON., filed by Plaintiff CHARLES JOHNSON. (Attachments: #1 Envelope)(AKH) |
| Filing 24 MOTION for Extension of Time to File Reply to Complaint #1 , filed by Plaintiff CHARLES JOHNSON. (Attachments: #1 Envelope)(AKH) |
| Filing 23 MOTION for Extension of Time to Proceed with Claims, filed by Plaintiff CHARLES JOHNSON. (Attachments: #1 Envelope)(TMC) |
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Filing 22
ORDER - Denying Motion for Assistance Recruiting Counsel. Mr. Johnson's motion for assistance recruiting counsel, dkt. #20 , is DENIED without prejudice. The Court will remain alert to changes in circumstances that may warrant reconsideration of the motion, such as a settlement conference or trial. (See Order). Signed by Judge Tanya Walton Pratt on 6/29/2021. (AKH)
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Filing 21
ORDER TO SHOW CAUSE - The defendants' answer fails to plead an adequate factual basis for its exhaustion defense, as is required. Edwards v. Mack Trucks, Inc., 310 F.R.D. 382, 386 (N.D. Ill. 2015) (collecting cases and citing Heller Fin., Inc. v. Midwhey Powder Co., 883 F.2d 1286, 1294 (7th Cir. 1989). The defendants are therefore directed to SHOW CAUSE why the affirmative defense of failure to exhaust should not be stricken. The defendants shall have through July 13, 2021, in which to file a notice with the Court identifying the factual basis for the affirmative defense that the plaintiff failed to exhaust his administrative remedies. The notice may be in the form of an amended answer or a motion for summary judgment on the issue of administrative remedy exhaustion. See 42 U.S.C. 1997e(a). Alternatively, the defendants may file a notice with the Court withdrawing the defense.The failure to pursue one of these options by the above deadline constitutes an abandonment of the exhaustion defense. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Tim A. Baker on 6/28/2021.(SWM)
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| Filing 20 MOTION for Assistance with Recruiting Counsel, filed by Plaintiff CHARLES JOHNSON. (Attachments: #1 Exhibits, #2 Envelope)(AKH) |
| Filing 19 Officer Dile and Sheriff of Vanderburgh County's ANSWER to #1 Complaint , filed by SHERIFF OF VANDERBURGH COUNTY.(Jones, David) |
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Filing 18
ORDER - Denying Motion for Leave to Amend. Plaintiff Charles Johnson's May 17, 2021, motion to leave to amend his motion to reconsider, dkt. #17 , is denied as moot. The motion for reconsideration, dkt. #12 , was denied on April 23, 2021. Copy to Plaintiff via US mail. Signed by Judge Tanya Walton Pratt on 5/18/2021. (AKH)
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| Filing 17 MOTION for Leave to Amend Motion to Reconsider, filed by Plaintiff CHARLES JOHNSON. (Attachments: #1 Exhibit - Amended Motion to Reconsider, #2 Envelope)(AKH) |
| Filing 16 NOTICE of Appearance by Craig R. Emig on behalf of Defendants DILE, SHERIFF OF VANDERBURGH COUNTY. (Emig, Craig) |
| Filing 15 WAIVER OF SERVICE Returned Executed, filed by SHERIFF OF VANDERBURGH COUNTY, DILE. SHERIFF OF VANDERBURGH COUNTY waiver sent on 4/12/2021; DILE waiver sent on 4/12/2021. (Jones, David) |
| Filing 14 NOTICE of Appearance by David L. Jones on behalf of Defendants DILE, SHERIFF OF VANDERBURGH COUNTY. (Jones, David) |
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Filing 13
ORDER denying Motion for Reconsideration - Mr. Johnson's motion for reconsideration, dkt. #12 , is denied (See Order). Signed by Judge Tanya Walton Pratt on 4/30/2021 (Copy mailed per distribution list). (TMC)
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| Filing 12 MOTION for Reconsideration, filed by Plaintiff CHARLES JOHNSON. (Attachments: #1 Envelope)(AKH) |
| Filing 11 NOTICE of Lawsuit & Waiver Issued by Clerk upon: 1) Officer Dile; 2) Sheriff of Vanderburgh County. (AKH) |
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Filing 10
ORDER - Screening Complaint, Dismissing Deficient Claims, and Directing Issuance and Service of Process. Plaintiff Charles Johnson ("Mr. Johnson"), an inmate in the Indiana Department of Correction, commenced this 42 U.S.C. 1983 action on December 28, 2020. Dkt. #1 . He has been granted leave to proceed in forma pauperis without payment of an initial partial filing fee. Dkt. #9 . The complaint is now ready for screening. An excessive force claim shall proceed against Officer Dile. A policy claim shall proceed against the Sheriff of Vanderburgh County. The clerk is directed to modify the docket to show that defendant "Doe" is the Sheriff of Vanderburgh County. All other claims are dismissed for failure to state a claim upon which relief can be granted. The clerk is directed to terminate from the docket defendants Sgt. Lappe, Vanderburgh County Jail, and Jail Staff. The clerk is directed pursuant to Federal Rule of Civil Procedure 4(c)(3) to issue process to defendants Officer Dile and Sheriff of Vanderburgh County 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. (See Order). Copies mailed pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 4/12/2021.(AKH)
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Filing 9
ORDER - The Court construes the plaintiff's motion for extension of time as a motion to reconsider the assessment of an initial partial filing fee. The plaintiff's motion, dkt. #8 , is granted. The plaintiff has provided trust account information that demonstrates that he has no assets or means by which to pay the initial partial filing fee. Therefore, the initial partial filing fee is waived. The Court will issue a collection order to facilitate payment of the filing fee. Copy to Plaintiff via US Mail and CC to Finance. Signed by Judge Tanya Walton Pratt on 2/17/2021. (NAD)
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Filing 7
Order Directing Further Proceedings - On January 11, 2021, the Court ordered the plaintiff to pay an initial partial filing fee of Sixteen Dollars and Seventy-Five Cents ($16.75) by, February 5, 2021. That deadline has passed and the plaintiff has failed to do so or otherwise respond. Therefore, the plaintiff shall have through March 11, 2021, to pay the initial partial filing fee or explain why doing so is not possible. The failure to do so by this date will result in the dismissal of this action without further warning. Signed by Judge Tanya Walton Pratt on 2/12/2021. Copy to plaintiff via US Mail (NAD)
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| Filing 8 MOTION for Extension of Time to Pay Initial Filing Fee, filed by Plaintiff CHARLES JOHNSON. (Attachments: #1 Exhibit, #2 Envelope)(JDC) |
| Filing 6 NOTICE of Filing, filed by Plaintiff CHARLES JOHNSON (Attachments: #1 Envelope) (CKM) |
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Filing 5
Order on Motion to Proceed In Forma Pauperis - The plaintiff's motion to proceed in forma pauperis, dkt. #2 , is granted to the extent that the plaintiff is assessed an initial partial filing fee of Sixteen Dollars and Seventy-Five Cents ($16.75). The plaintiff shall have through February 5, 2021, in which to pay this sum to the clerk of the district court. (See Order.) Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 1/11/2021. (NAD)
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| Filing 4 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 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff CHARLES JOHNSON. (Attachments: #1 Exhibit - Certificate of Inmate Trust Account; IDOC All Transaction History Report, #2 Envelope).(AKH) |
| Filing 1 COMPLAINT against DILE, DOE, JAIL STAFF, LAPPE, VANDERBURGH COUNTY JAIL, filed by CHARLES JOHNSON. (No fee paid with this filing) (Attachments: #1 Proposed Summons, #2 Envelope). (AKH) |
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