HAYS v. WITTMAN et al
| DE'RECO D. HAYS |
| WITTMAN, SIMPSON, BRANCHVILLE CORRECTIONAL FACILITY, I.D.O.C, OVERSTRICK and CENTURION |
| 3:2023cv00149 |
| September 20, 2023 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Crystal S Wildeman |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on October 16, 2023. A more recent docket listing may be available from PACER.
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| Filing 23 WAIVER OF SERVICE Returned Executed, filed by SIMPSON, WITTMAN, I.D.O.C. SIMPSON waiver sent on 10/3/2023; WITTMAN waiver sent on 10/3/2023; I.D.O.C waiver sent on 10/3/2023. (Arnold, Brandyn) |
| Filing 21 NOTICE of Appearance by Brandyn Lee Arnold on behalf of Defendants I.D.O.C, SIMPSON, WITTMAN. (Arnold, Brandyn) |
| Filing 22 MOTION for Extension of Time, filed by Plaintiff DE'RECO D. HAYS. (Attachments: #1 Exhibits - Various Documents)(SWM) |
| Filing 20 WAIVER OF SERVICE Returned Executed, filed by OVERSTRICK. OVERSTRICK waiver sent on 10/3/2023. (Crandall, Jeb) |
| Filing 19 NOTICE of Appearance by Jeb Adam Crandall on behalf of Defendant OVERSTRICK. (Crandall, Jeb) |
| Filing 18 Documents to be Sent via Electronic Notice - re #17 NOTICE of Lawsuit & Waiver Issued by Clerk, #16 Order, #1 Complaint Electronic Notice to IDOC and Centurion. (JRB) |
| Filing 17 NOTICE of Lawsuit & Waiver Issued by Clerk as to Officer Wittman, Nurse Overstrick, and Captain Simpson. (JRB) |
Filing 16
ORDER SCREENING COMPLAINT AND DIRECTING FURTHER PROCEEDINGS - The action will proceed with the claims identified in Part III. All other claims, including those discussed in Part IV, are dismissed. The claims discussed in Parts III and IV are the only claims the Court identified in the complaint. If Mr. Hays believes he asserted claims that the Court did not address, he must notify the Court no later than October 30, 2023. The clerk is directed to terminate Centurion and Branchville Correctional Facility as parties 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 will 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 defendants electronically. The clerk is directed to serve a copy of this order and the process documents on Centurion electronically. Centurion is ordered to provide the full name and last known address of any employee-defendant who does not waive service if it has such information. This information may be provided to the Court informally or may be filed ex parte. Signed by District Judge Matthew P. Brookman on 10/3/2023.(JRB)
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| Filing 15 Case transferred in from Indianapolis Division on 09/20/2023 Case Number 1:23-cv-493. Case assigned to District Judge Matthew P. Brookman and Magistrate Judge Crystal S. Wildeman., filed by DE'RECO D. HAYS.(KAA) |
| Filing 14 RECEIPT #EV523 for Filing fee fee in the amount of $402.00, paid by De'Reco Hays. (JRB) |
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Filing 13
ORDER - The Court ordered De'Reco Hays to pay the $402.00 filing fee no later than July 20, 2023. Dkt. #12 . That deadline has passed without action by Mr. Hays. Mr. Hays will have through August 28, 2023, to pay the filing fee as previously directed. Failure to do so in the time provided will result in the dismissal of this action without further warning or opportunity to show cause. Signed by Judge James Patrick Hanlon on 7/27/2023. (JSR)
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Filing 12
ORDER ON MOTION TO PROCEED IN FORMA PAUPERIS - denying #2 Motion for Leave to Proceed in forma pauperis. The plaintiff's trust account information reflects that he has sufficient funds to pay the full filing fee of Four Hundred and Two Dollars ($402.00). He shall have through July 20, 2023, in which to pay this sum to the clerk of the district court. Signed by Judge James Patrick Hanlon on 6/22/2023. (KAA)
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| Filing 11 RESPONSE, re #9 Order on Motion - Submission of Trust Account, filed by Plaintiff DE'RECO D. HAYS. (KAA) |
| Filing 10 CONSENT to Prisoner E-Service by DE'RECO D. HAYS located at BRANCHVILLE CF. Pursuant to General Order 2013-1, documents submitted by DE'RECO D. HAYS 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. (Address updated from New Castle CF to Branchville CF.) (KAA) |
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Filing 9
The Court ordered De'Reco Hays to supplement his motion for leave to proceed in forma pauperis by filing an inmate trust account statement no later than May 1, 2023. Dkt. #7 . That deadline has now passed. Mr. Hays will have through June 2, 2023, to file his inmate trust account statement, showing his transactions for the six-month period preceding March 17, 2023, as previously directed. Alternatively, he may pay the $402.00 filing fee. Failure to do so in the time provided will result in the dismissal of this action without further warning or opportunity to show cause. Mr. Hays' motion for video evidence, dkt. #8 , is denied as premature. The Court will issue orders regarding the exchange and discovery of evidence after Mr. Hays has resolved the filing fee and the Court has screened the complaint and served the defendants. Copy to Plaintiff via US Mail. Signed by Judge James Patrick Hanlon on 05/10/2023. (AAS)
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| Filing 8 MOTION for Video Evidence, filed by Plaintiff DE'RECO D. HAYS. (Attachments: #1 Envelope)(AKH) |
| Filing 7 NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through May 1, 2023, in which to correct the deficiencies as follows: Your motion to proceed in forma pauperis cannot be ruled on because you have not submitted a copy of the transaction history associated with your institution trust account for the 6-month period preceding the filing of this action. (Copy sent to plaintiff via US mail). (JRT) |
| 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 sent to plaintiff via US mail). (JRT) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DRB) |
| Filing 4 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DRB) |
| Filing 3 AFFIDAVIT in Support re #1 Complaint, filed by Plaintiff DE'RECO D. HAYS. (Attachments: #1 Affidavit, #2 Envelope)(DRB) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff DE'RECO D. HAYS. (Attachments: #1 Envelope)(DRB) |
| Filing 1 COMPLAINT against BRANCHVILLE CORRECTIONAL FACILITY, CENTURION, I.D.O.C, OVERSTRICK, SIMPSON, WITTMAN, filed by DE'RECO D. HAYS. (No fee paid with this filing) (Attachments: #1 Exhibit, #2 Cover Letter, #3 Envelope)(DRB) |
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