JOHNSTON v. DOLLERIS et al
| GERALD JOHNSTON |
| TROY DOLLERIS, ROGER NEWLON, BRENT MILLER, JOSEPH RICHARDSON, JOHN K. PHILLIPS, AUSTIN LANGFORD, MIKE BOWLES and MIKE PELAYO |
| TODD VARE and MITCHELL L. OSTERDAY |
| 4:2022cv00022 |
| February 24, 2022 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| Tanya Walton Pratt |
| 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 April 15, 2022. A more recent docket listing may be available from PACER.
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| Filing 88 NOTICE of INITIAL DISCLOSURES, filed by Plaintiff GERALD JOHNSTON (Osterday, Mitchell) |
| Filing 87 NOTICE of Service of Initial Disclosures , filed by Defendant MIKE PELAYO. (Groth, Steven) |
| Filing 86 MINUTE ENTRY - This matter came before the court on March 18, 2022, for a telephonic status conference. Todd Vare and Mitchell Osterday appeared for the plaintiff. Stephen Keller and Steven Groth appeared for the defendants. The parties discussed the progress of discovery and expressed mutual interest in a formal settlement conference before the close of expert discovery. The parties filed a proposed discovery schedule on March 25, 2022, and the court has approved it. The deadline for any dispositive motion is October 25, 2022. Signed by Magistrate Judge Debra McVicker Lynch. (AKW) |
Filing 85
ORDER granting #84 MOTION TO ENTER PROPOSED DISCOVERY SCHEDULE - The action shall proceed in accordance with the following schedule: Initial Disclosures: April 15, 2022. Deadline to serve written discovery: May 13, 2022. Deadline to complete fact witness depositions: August 26, 2022. Deadline to disclose expert testimony: November 11, 2022. Copy sent to Plaintiff via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 4/1/2022. (JRB)
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| Filing 84 MOTION TO ENTER PROPOSED DISCOVERY SCHEDULE, filed by Plaintiff GERALD JOHNSTON. (Attachments: #1 Text of Proposed Order)(Osterday, Mitchell) |
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Filing 82
SCHEDULING ORDER: The court, on its own motion, RESETS the March 8, 2022 status conference for March 18, 2022, at 10:00 a.m. (Eastern). The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. Signed by Magistrate Judge Debra McVicker Lynch on 2/28/2022.(JRB) Modified on 3/1/2022 to correct docket text (LBT).
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| Filing 81 Case transferred in from Indianapolis Division on 02/24/2022 Case Number 1:20-cv-1103, filed by GERALD JOHNSTON.(AKH) |
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Filing 80
SCHEDULING ORDER-TELEPHONIC Status Conference set for 3/8/2022 at 4:00 PM (Eastern) before Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. Signed by Magistrate Judge Debra McVicker Lynch on 2/22/2022.(CBU) (Main Document 80 replaced on 2/22/2022 - Added Plaintiff to Distribution list. Copy to Plaintiff via US Mail) (NAD).
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Filing 79
ORDER OF RECRUITMENT OF COUNSEL PURSUANT TO LOCAL RULE 87 - Before the Court is Recruited Counsel's Motion to Appoint Additional Recruited Counsel. The motion, dkt. #78 , is GRANTED. Attorney Mitchell L. Osterday is appointed to represent the plaintiff in the above action pursuant to Local Rule 87. This representation shall continue until final judgment is entered unless otherwise modified by written order. This Entry serves as recruited counsel's appearance under Local Rule 83-7(a). Counsel should not file a separate Notice of Appearance. (See Order). Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 2/2/2022. (AKH)
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| Filing 78 MOTION to Appoint Mitchell L. Osterday as Additional Counsel Pursuant to Local Rule 87, filed by Recruited Counsel TODD VARE. (Attachments: #1 Text of Proposed Order)(Vare, Todd) |
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Filing 77
ORDER OF RECRUITMENT OF COUNSEL PURSUANT TO LOCAL RULE 87 - The Court hereby appoints Mr. Todd Vare to represent the plaintiff in the above action pursuant to Local Rule 87. This representation shall continue until final judgment is entered unless otherwise modified by written order. This Order serves as recruited counsel's appearance under Local Rule 83-7(a) on behalf of the plaintiff effective seven days from the date this order is docketed, unless relief from the appointment is granted. The seven days is tolled while any motion to withdraw is pending. Counsel should not file a separate Notice of Appearance. (See Order). Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 1/14/2022. (AKH)
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| Filing 76 COPY REQUEST, filed by Plaintiff GERALD JOHNSTON. Dkts. #62 , #63 , #66 , and #67 sent to plaintiff via US Mail (Attachments: #1 Envelope)(AKH) Modified on 12/10/2021 to reflect copy request (JRT). |
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Filing 75
ORDER GRANTING #74 MOTION FOR ASSISTANCE WITH RECRUITING COUNSEL - Gerald Johnston's motion for assistance with recruiting counsel, dkt. #74 , is GRANTED. The Court will attempt to recruit counsel to assist Mr. Johnston through the conclusion of this action. Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 12/2/2021. (AKH)
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| Filing 74 MOTION for Assistance with Recruiting Counsel, filed by Plaintiff GERALD JOHNSTON. (Attachments: #1 Exhibit - A, #2 Envelope)(AKH) |
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Filing 73
ORDER ON PENDING MOTIONS AND STAYING PRETRIAL SCHEDULE - Mr. Johnston's motions for an extension of time to file an amended complaint (dkt. [ #62 ]), to e-file documents (dkt. [ #63 ]), to reconsider the Court's ruling on the exhaustion defense (dkt. [ #66 ]), and to subpoena kiosk communications (dkt. [ #67 ]), are denied as presented. These documents do not appear to be signed by Mr. Johnston. Mr. Johnston may receive assistance from other inmates, but he must sign his own filings. Mr. Johnston's motion for court assistance, dkt. [ #71 ], is granted to the extent the clerk is directed to include a form motion for assistance with recruiting counsel to Mr. Johnston's copy of this entry. If Mr. Johnston wishes for the Court to assist him in recruiting an attorney, he must complete and file the form no later than November 26, 2021. The defendants' motion for a telephonic status conference, dkt. [ #72 ], is granted. The Court will schedule a telephonic status conference by a separate order after Mr. Johnston's counsel motion is resolved. Mr. Johnston's motions for extension of time, dkts. [ #60 ] and [ #61 ], are granted insofar as the pretrial schedule, dkt. #51 , is stayed until further notice. See Order for additional information. Copies to Plaintiff via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 10/28/2021. (SWM)
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| Filing 72 MOTION FOR TELEPHONIC STATUS CONFERENCE, filed by Defendants TROY DOLLERIS, BRENT MILLER, ROGER NEWLON. (Attachments: #1 Text of Proposed Order)(Keller, Stephen) |
| Filing 71 MOTION for Court Assistance, filed by Plaintiff GERALD JOHNSTON. (Attachments: #1 Envelope)(AKH) |
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Filing 70
ORDER granting Defendants Troy Dolleris, Roger Newlon and Brent Miller's #69 Motion to Take Deposition from GERALD JOHNSTON. See Order. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 9/15/2021. (SWM)
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| Filing 69 MOTION to Take Deposition from Gerald Johnston , filed by Defendants TROY DOLLERIS, BRENT MILLER, ROGER NEWLON. (Attachments: #1 Text of Proposed Order)(Keller, Stephen) |
| Filing 68 NOTICE REGARDING SETTLEMENT CONFERENCE, filed by Defendants TROY DOLLERIS, BRENT MILLER, ROGER NEWLON, re #51 Order Setting Pretrial Schedule and Discussing Discovery in Prisoner Litigation. (Keller, Stephen) |
| Filing 67 MOTION to Subpoena all kiosk communication, filed by Plaintiff GERALD JOHNSTON. (Attachments: #1 Envelope)(JDC) |
| Filing 66 MOTION for Reconsideration Partial Judgment, filed by Plaintiff GERALD JOHNSTON. (Attachments: #1 Envelope)(JDC) |
| Filing 65 NOTICE of Expert Disclosures, filed by Defendant MIKE PELAYO (Groth, Steven) |
| Filing 64 NOTICE OF SERVICE OF EXPERT DISCLOSURES, filed by Defendants TROY DOLLERIS, BRENT MILLER, ROGER NEWLON (Keller, Stephen) |
| Filing 63 MOTION to E-file Documents, filed by Plaintiff GERALD JOHNSTON. (Attachments: #1 Notice to the Clerk, #2 Envelope)(AKH) |
| Filing 62 MOTION for (90 Day) Extension of Time to file Amended Complaint, filed by Plaintiff GERALD JOHNSTON. (Attachments: #1 Envelope)(AKH) |
| Filing 61 MOTION for Extension of Time for Medical Reasons, filed by Plaintiff GERALD JOHNSTON. (Attachments: #1 Exhibit, #2 Envelope)(AKH) |
| Filing 60 MOTION for Extension of Time, filed by Plaintiff GERALD JOHNSTON. (Attachments: #1 Envelope)(JDC) |
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Filing 59
ORDER granting in part and denying in part #58 Motion for Extension of Time to 8/5/2021 to serve initial disclosures as previously directed.The motion is denied to the extent it seeks additional relief. The Court reminds Mr. Johnston that he is only obligated to disclose evidence that is in his possession. See dkt. 51 at 2. Signed by Magistrate Judge Debra McVicker Lynch on 7/8/2021 Copy sent to Mr. Johnston via US Mail (CBU)
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| Filing 58 MOTION for Extension of Time for Initial Disclosures to 8/5/2021 and a copy request for a Docket Sheet, filed by Plaintiff GERALD JOHNSTON. Sent public docket sheet to plaintiff via US Mail. (Attachments: #1 Public Docket Sheet, #2 Envelope)(AKH) |
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Filing 57
ENTRY DENYING MOTION #53 TO ALTER/AMEND - Plaintiff Gerald Johnston's Motion to Alter/Amend the Judgment Order Issued 4/19/2021, dkt. #53 is DENIED. (See Entry). Copy sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 6/28/2021. (AKH)
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| Filing 56 NOTICE of Service of Initial Disclosures , filed by Defendants TROY DOLLERIS, BRENT MILLER, ROGER NEWLON. (Keller, Stephen) |
| Filing 55 NOTICE of Service of Initial Disclosures , filed by Defendant MIKE PELAYO. (Groth, Steven) |
| Filing 54 RESPONSE in Opposition re #53 MOTION to Amend/Correct #50 Order on Motion for Summary Judgment , filed by Defendants TROY DOLLERIS, AUSTIN LANGFORD, BRENT MILLER, ROGER NEWLON, JOHN K. PHILLIPS, JOSEPH RICHARDSON. (Keller, Stephen) |
| Filing 53 MOTION to Amend/Correct #50 Order on Motion for Summary Judgment, filed by Plaintiff GERALD JOHNSTON. (Attachments: #1 Envelope)(AKH) |
| Filing 52 Correspondence REQUESTING COPY of Case Document(s) re #51 Order Setting Pretrial Schedule and Discussing Discovery in Prisoner Litigation, filed by Gerald Johnston. Copy/Copies provided via US Mail. (Attachments: #1 Envelope) (AKH) |
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Filing 51
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 11/22/2021. Discovery due by 10/22/2021. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 4/27/2021.(SWM)
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| Filing 50 ENTRY GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON THE ISSUE OF EXHAUSTION. This matter is before the Court on a Motion for Summary Judgment filed by Defendants Troy Dolleris, Roger Newlon, Brent Miller, Joseph Richardson, John K. Phillips, and Austin Langford (Dkt. 30). Defendant Mike Pelayo joined in the defendants' Motion for Summary Judgment on December 8, 2020, (Dkt #38 ). Plaintiff Gerald Johnston, initiated this action alleging civil rights violations pursuant to 42 U.S.C. 1983. The Defendants seek resolution of the claims against them on the basis that Mr. Johnston failed to exhaust his available administrative remedies before filing this action. The Motion is fully briefed and ready for resolution. For the reasons explained in this Entry, the Defendants' Motion for Summary Judgment #30 is granted in part and denied in part. Mr. Johnston's claims of being placed in a solitary padded cell naked and of excessive force asserted against Defendants Captain Richardson, Officer Phillips, and Officer Langford are dismissed without prejudice for failure to exhaust administrative remedies. The Clerk shall terminate Captain Richardson, Officer Phillips, and Officer Langford as Defendants on the docket. Mr. Johnston's claims that Commander Dolleris, Sheriff Newlon, Sheriff Miller, and Nurse Pelayo were aware of his requests for medical treatment but denied them, shall proceed on the merits. A pretrial schedule governing the further development of those claims will issue in a separate Entry. Copy to Plaintiff via US mail. (See Entry). Signed by Judge Tanya Walton Pratt on 4/19/2021. (AKH) |
| Filing 49 Correspondence REQUESTING COPY of Case Docket Sheet, filed by GERALD JOHNSTON. Copy/Copies provided via US Mail. (Attachments: #1 Envelope, #2 Public Docket Sheet) (NAD) |
| Filing 48 Surreply re #30 MOTION for Summary Judgment (Exhaustion of Administrative Remedies) , filed by Plaintiff GERALD JOHNSTON. (Attachments: #1 Envelope)(NAD) |
| Filing 47 REPLY in Support of Motion re #30 MOTION for Summary Judgment (Exhaustion of Administrative Remedies) , filed by Defendants TROY DOLLERIS, AUSTIN LANGFORD, BRENT MILLER, ROGER NEWLON, JOHN K. PHILLIPS, JOSEPH RICHARDSON. (Attachments: #1 Exhibit 1 - Supplemental Declaration of Joseph Richardson, #2 Exhibit 2 - Additional Grievances by Gerald Johnston)(Keller, Stephen) |
| Filing 46 ENTRY - The plaintiff's objection to defendant Pelayo joining in the motion for summary judgment on the issue of exhaustion, dkt. #45 , is overruled because contrary to the plaintiff's assertion, defendant Pelayo answered the amended complaint on December 11, 2020. See dkt. #40 . Any further response by the plaintiff to the motion for summary judgment shall be filed not later than January 26, 2021. Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 1/4/2021.(NAD) |
| Filing 45 RESPONSE in Opposition re #38 MOTION for Joinder (Notice of) in Motion for Summary Judgment of Co-Defendant, filed by Plaintiff GERALD JOHNSTON. (Attachments: #1 Envelope)(NAD) |
| Filing 44 AFFIDAVIT in Support re #43 Response in Opposition to #30 Motion for Summary Judgment, filed by Plaintiff GERALD JOHNSTON. (Attachments: #1 Envelope)(NAD) Modified on 12/21/2020 - added link to #30 (NAD). |
| Filing 43 RESPONSE in Opposition re #30 MOTION for Summary Judgment (Exhaustion of Administrative Remedies) , filed by Plaintiff GERALD JOHNSTON. (Attachments: #1 Envelope)(NAD) |
| Filing 42 EXHIBIT in Support of Motion re #30 MOTION for Summary Judgment (Exhaustion of Administrative Remedies) , filed by Defendants TROY DOLLERIS, AUSTIN LANGFORD, BRENT MILLER, ROGER NEWLON, JOHN K. PHILLIPS, JOSEPH RICHARDSON. (Keller, Stephen) |
| Filing 41 NOTICE of Filing OF EXHIBIT TO DEFENDANTS' #30 MOTION FOR SUMMARY JUDGMENT by TROY DOLLERIS, AUSTIN LANGFORD, BRENT MILLER, ROGER NEWLON, JOHN K. PHILLIPS, JOSEPH RICHARDSON (Keller, Stephen) Modified on 12/21/2020 - added link to #30 (NAD). |
| Filing 40 ANSWER to #21 Amended Complaint , filed by MIKE PELAYO.(Groth, Steven) |
| Filing 39 Submission of Proposed Order , re #38 MOTION for Joinder (Notice of) in Motion for Summary Judgment of Co-Defendant, filed by Defendant MIKE PELAYO. (Groth, Steven) |
| Filing 38 MOTION for Joinder (Notice of) in #30 Motion for Summary Judgment of Co-Defendant, filed by Defendant MIKE PELAYO. (Groth, Steven) Modified on 12/9/2020 - added link to #30 (NAD). |
| Filing 37 NOTICE of Appearance by Steven D. Groth on behalf of Defendant MIKE PELAYO. (Groth, Steven) |
| Filing 36 NOTICE of Lawsuit & Waiver Issued by Clerk to : MIKE PELAYO. (NAD) |
| Filing 35 ENTRY - GRANTING #34 MOTION TO SUBSTITUTE, DISMISSING CLAIM AGAINST MIKE BOWLES, AND ISSUING PROCESS. The plaintiff's motion to substitute defendant Mike Pelayo for the incorrectly named defendant Mike Bowles, dkt. #34 , is granted. The claim against Mike Bowles is dismissed for failure to state a claim upon which relief can be granted. The clerk is directed to modify the docket to remove Mike Bowles as a defendant and to add Mike Pelayo as a defendant. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendant Mike Pelayo in the manner specified by Rule 4(d). Process shall consist of the amended complaint filed on September 28, 2020, (docket #21 ), the screening Entry of October 2, 2020 (docket #22 ), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. Copies via US Mail per distribution list. Signed by Judge Tanya Walton Pratt on 11/20/2020. (NAD) |
| Filing 34 MOTION for Substitution of Parties, filed by Plaintiff GERALD JOHNSTON. (Attachments: #1 Envelope)(NAD) |
| Filing 33 NOTICE to Pro Se Plaintiff Regarding Right to Respond To and Submit Evidence in Opposition to Motion for Summary Judgment, filed by Defendants AUSTIN LANGFORD, BRENT MILLER, ROGER NEWLON, JOHN K. PHILLIPS, JOSEPH RICHARDSON, re #30 MOTION for Summary Judgment (Exhaustion of Administrative Remedies) . (Keller, Stephen) |
| Filing 32 Designation of Evidence re #30 MOTION for Summary Judgment (Exhaustion of Administrative Remedies) , filed by Defendants TROY DOLLERIS, AUSTIN LANGFORD, BRENT MILLER, ROGER NEWLON, JOHN K. PHILLIPS, JOSEPH RICHARDSON. (Keller, Stephen) |
| Filing 31 BRIEF/MEMORANDUM in Support re #30 MOTION for Summary Judgment (Exhaustion of Administrative Remedies) , filed by Defendants TROY DOLLERIS, AUSTIN LANGFORD, BRENT MILLER, ROGER NEWLON, JOHN K. PHILLIPS, JOSEPH RICHARDSON. (Attachments: #1 Exhibit 1 - Declaration of Joseph Richardson, #2 Exhibit 2 - Inmate Handbook Rules of Conduct, #3 Exhibit 3 - Exemplar of Paper Grievance Form, #4 Exhibit 4 - Index of Grievance and Non-Grievance Communications, #5 Exhibit 5 - Plaintiff's Grievances and Non-Grievance Communications)(Keller, Stephen) |
| Filing 30 MOTION for Summary Judgment (Exhaustion of Administrative Remedies) , filed by Defendants TROY DOLLERIS, AUSTIN LANGFORD, BRENT MILLER, ROGER NEWLON, JOHN K. PHILLIPS, JOSEPH RICHARDSON. (Attachments: #1 Text of Proposed Order)(Keller, Stephen) |
| Filing 29 ENTRY - The defendants have reported that they are unaware of any "Mike Bowles" who worked as a nurse at the Washington County Detention Center. They suggest that a "Mike Pelayo" may have worked as a nurse when the plaintiff was incarcerated there. Dkt. 28. The plaintiff shall have through November 20, 2020, in which to show cause why any claim against Mike Bowles should not be dismissed. He may also move to substitute any claim against Mike Bowles as being brought against another defendant. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 11/3/2020.(SWM) |
| Filing 28 REPORT to Court in Response to Court's Entry (DN 27) by TROY DOLLERIS, AUSTIN LANGFORD, BRENT MILLER, ROGER NEWLON, JOHN K. PHILLIPS, JOSEPH RICHARDSON. (Keller, Stephen) |
| Filing 27 ENTRY DIRECTING DEFENDANTS TO REPORT - On October 2, 2020, the Court issued process to defendant Nurse Mike Bowles. Dkt. #22 ; dkt. #23 . That process returned to the Court as undeliverable, marked "return to sender, no one here with that name." Dkt. #26 . The defendants are requested to report within seven (7) days of issuance of this Entry whether a Nurse Mike Bowles ever worked at the Washing County Detention Center, and if so, a last known address for him. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 10/28/2020.(SWM) |
| Filing 26 Mail Returned as undeliverable (Return to Sender; "No one here with that name.") #23 NOTICE of Lawsuit & Waiver Issued by Clerk, #22 Entry, #21 Amended Complaint sent to MIKE BOWLES at Washington County Detention Center801 Jackson StreetSalem, IN 47167. (NAD) |
| Filing 25 ANSWER to #21 Amended Complaint , filed by TROY DOLLERIS, AUSTIN LANGFORD, BRENT MILLER, ROGER NEWLON, JOHN K. PHILLIPS, JOSEPH RICHARDSON.(Keller, Stephen) |
| Filing 24 Submission of Proposed Scheduling Order, filed by Plaintiff GERALD JOHNSTON. (Attachments: #1 Envelope)(JDC) |
| Filing 23 NOTICE of Lawsuit & Waiver Issued by Clerk to: 1) Mike Bowles, Nurse (NAD) |
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Filing 22
ENTRY SCREENING AMENDED COMPLAINT, DISMISSING INSUFFICIENT CLAIM, AND DIRECTING SERVICE OF PROCESS - Fourteenth Amendment Claims That Shall Proceed The claim that after Mr. Johnston complained of feeling dizzy and short of breath, Captain Richardson ordered that Mr. Johnston be stripped naked and placed in a solitary padded cell for days shall proceed. The claims of excessive force brought against defendant Officers Langford and Phillips shall proceed. The claims that Commander Dolleris and Sheriffs Newlon and Miller were aware of Mr. Johnston's injuries after the use of force but failed to provide him medical attention shall proceed. The claim that Nurse Bowles refused to provide him medical treatment shall proceed. All defendants except the newly added Nurse Mike Bowles have appeared in the action. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendant Mike Bowles in the manner specified by Rule 4(d). Process shall consist of the amended complaint filed on September 28, 2020, (docket #21 ), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. The defendants who have appeared in the action shall have through October 19, 2020, in which to respond to the amended complaint, even though the Court acknowledges that the claims are the same as those presented in the original complaint. For now, the briefing schedule on the issue of exhaustion shall remain in place. Dkt. #19 . Copies via US Mail per distribution list. Signed by Judge Tanya Walton Pratt on 10/2/2020.(NAD)
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| Filing 21 AMENDED COMPLAINT against TROY DOLLERIS, AUSTIN LANGFORD, BRENT MILLER, ROGER NEWLON, JOHN K. PHILLIPS, JOSEPH RICHARDSON, MIKE BOWLES, filed by GERALD JOHNSTON. (Attachments: #1 Exhibit and Cover Letter, #2 Envelope). (MAC) |
| Filing 20 *** PLEASE DISREGARD - DUPLICATE ENTRY *** ENTRY Directing Development of Exhaustion Defense and Issuing Partial Stay - The defendants' exhaustion defense will be resolved pursuant to the following schedule. The defendants shall have through November 10, 2020, 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 Debra McVicker Lynch on 9/28/2020.(SWM) Modified on 9/30/2020 (SWM). |
| Filing 19 ENTRY Directing Development of Exhaustion Defense and Issuing Partial Stay - The defendants' exhaustion defense will be resolved pursuant to the following schedule. The defendants shall have through November 10, 2020, in which to either (see Emtry). 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 Debra McVicker Lynch on 9/28/2020.(SWM) |
| Filing 18 ANSWER to #1 Complaint , filed by TROY DOLLERIS, AUSTIN LANGFORD, BRENT MILLER, ROGER NEWLON, JOHN K. PHILLIPS, JOSEPH RICHARDSON.(Keller, Stephen) |
| Filing 17 WAIVER OF SERVICE Returned Executed, filed by JOHN K. PHILLIPS, BRENT MILLER, ROGER NEWLON, AUSTIN LANGFORD, TROY DOLLERIS, JOSEPH RICHARDSON. JOHN K. PHILLIPS waiver sent on 7/29/2020; BRENT MILLER waiver sent on 7/29/2020; ROGER NEWLON waiver sent on 7/29/2020; AUSTIN LANGFORD waiver sent on 7/29/2020; TROY DOLLERIS waiver sent on 7/29/2020; JOSEPH RICHARDSON waiver sent on 7/29/2020. (Keller, Stephen) |
| Filing 16 NOTICE of Appearance by Stephen C. Keller on behalf of Defendants TROY DOLLERIS, AUSTIN LANGFORD, BRENT MILLER, ROGER NEWLON, JOHN K. PHILLIPS, JOSEPH RICHARDSON. (Keller, Stephen) |
| Filing 15 ENTRY - ON MORE DEFINITE STATEMENT; On August 24, 2020, the plaintiff filed a Notice of More Definite Statement, in which he identifies the individual who had allegedly denied him medical treatment. Dkt. 14. He wishes to add a claim against that defendant in this action. The plaintiff may do so, but he must file an amended complaint which includes all his claims in one document. He shall have through September 18, 2020, in which to file his amended complaint. Any amended complaint will completely replace the original complaint, so it must include allegations against all defendants and his prayer for relief. If an amended complaint is filed, the Court will screen it in accordance with 28 U.S.C. 1915A. Copy Sent via US Mail. Signed by Judge Tanya Walton Pratt on 8/26/2020. (CKM) |
| Filing 14 NOTICE of More Definite Statement, filed by Plaintiff GERALD JOHNSTON. (Attachments: #1 Envelope) (JD) |
| Filing 13 Correspondence REQUESTING COPY of Case Docket and Document(s) re #1 Complaint, filed by GERALD JOHNSTON. Copy/Copies provided via US Mail. (Attachments: #1 Envelope, #2 Public Docket Sheet, #3 Dkt #1 Complaint) (NAD) |
| Filing 12 NOTICE of Lawsuit & Waiver Issued by Clerk to: 1) Jail Commander Troy Dolleris; 2) Sheriff Roger Newlon; 3) Sheriff Brent Miller; 4) Captain Joseph Richardson; 5) Officer John K. Phillips; and 6) Officer Austin Langford (NAD) |
| Filing 11 ENTRY SCREENING COMPLAINT, DISMISSING INSUFFICIENT CLAIMS, AND DIRECTING SERVICE OF PROCESS - These are the claims the Court discerns in the complaint. If Mr. Johnston believes that additional claims were alleged in the complaint but not identified by the Court, he shall have through August 28, 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) Jail Commander Troy Dolleris; 2) Sheriff Roger Newlon; 3) Sheriff Brent Miller; 4) Captain Joseph Richardson; 5) Officer John K. Phillips; and 6) Officer Austin Langford, in the manner specified by Rule 4(d). Process shall consist of the complaint filed on April 9, 2020, (docket #1 and 1-1), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. (See Entry.) Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 7/28/2020.(NAD) |
| Filing 10 RECEIPT #IP069656 for partial filing fee in the amount of $18.35, paid by plaintiff. (AKH) |
| Filing 9 ENTRY - The plaintiff's motion to correct caption, dkt. #8 , is granted. The clerk is requested to 1) modify the docket to reflect the spelling of the Sheriff's last name as "Newlon," and 2) include a copy of the docket sheet with the plaintiff's copy of this Entry. The plaintiff continues to have through June 15, 2020, to pay the initial partial filing fee. Copies to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 6/9/2020. (NAD) (Additional attachment(s) added on 6/9/2020: #1 Public Docket Sheet) (NAD). |
| Filing 8 MOTION to Correct Caption, filed by Plaintiff GERALD JOHNSTON. (Attachments: #1 Envelope)(NAD) |
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Filing 7
ORDER - granting #6 Motion for Leave to Proceed in forma pauperis. The plaintiff is assessed an initial partial filing fee of Eighteen Dollars and Thirty-Five Cents ($18.35). He shall have through June 15, 2020, to pay this sum to the clerk of the district court. Failure to pay the initial partial filing fee as directed in this Entry could result in the dismissal of the action for failure to comply with Court orders and failure to prosecute. Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 5/13/2020. (NAD)
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| Filing 6 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff GERALD JOHNSTON. (Attachments: #1 Exhibit Transaction History Inquiry, #2 Envelope)(NAD) |
| Filing 5 CONSENT to Jurisdiction to US Magistrate Judge by GERALD JOHNSTON. (Attachments: #1 Envelope)(NAD) |
| Filing 4 NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through May 14, 2020, in which to correct the deficiencies as follows: You must either pay the $400.00 filing fee for this action or demonstrate that you lack the financial ability to do so by filing a motion for leave to proceed without the prepayment of the filing fee (in forma pauperis). (Copy sent to plaintiff via US Mail). (JRT) |
| Filing 3 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 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) |
| Filing 1 COMPLAINT against TROY DOLLERIS, AUSTIN LANGFORD, BRENT MILLER, ROGER NEWTON, JOHN K. PHILLIPS, JOSEPH RICHARDSON, filed by GERALD JOHNSTON. (No fee paid with this filing) (Attachments: #1 Exhibit Supplemental Complaint, #2 Cover Letter, #3 Envelope). (AKH) |
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