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 143 |
Filed: 10/15/2018, Entered: 10/16/2018 |
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Surreply re 135 MOTION for Summary Judgment (Exhaustion of Administrative Remedies) , filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(DMW)
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| 142 |
Filed: 10/15/2018, Entered: 10/15/2018 |
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FINAL JUDGMENT PURSUANT TO FED. R. CIV. PRO. 58 - For the reasons detailed in the accompanying Order, the Court now enters FINAL JUDGMENT in this action. The action is dismissed without prejudice. Copy to Plaintiff via U.S. Mail. Signed by Judge William T. Lawrence on 10/15/2018. (DMW)
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Request |
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| 141 |
Filed: 10/15/2018, Entered: 10/15/2018 |
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Entry Granting Motion for Summary Judgment and Directing Entry of Final Judgment - FD90566 filed this action on August 7, 2017, contending that his constitutional rights were violated while he was incarcerated at the United States Penitentiary in Terre Haute, Indiana. The defendants move for summary judgment, arguing that Mr. FD90566 failed to exhaust his available administrative remedies as required by the Prison Litigation Reform Act ("PLRA"), 42 U.S.C. § 1997e(a), before filing this lawsuit. It is therefore undisputed that Mr. FD90566 failed to exhaust his available administrative remedies as required by the PLRA before filing this lawsuit. The consequence of these circumstances, in light of 42 U.S.C. § 1997e(a), is that Mr. FD90566 action should not have been brought and must now be dismissed without prejudice. The defendants' motion for summary judgment, Dkt. No. 135 is granted. Judgment consistent with this Entry shall now issue. (See Entry.) Copy to Plaintiff via U.S. Mail. Signed by Judge William T. Lawrence on 10/15/2018. (DMW)
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Request |
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| 140 |
Filed: 9/28/2018, Entered: 9/28/2018 |
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REPLY in Support of Motion re 135 MOTION for Summary Judgment (Exhaustion of Administrative Remedies) , filed by Defendants R MOSLEY, D PORTER, A. SCHOEFFEL, MATTHEW TUSSEY, A WIBLE, C ZIPPERLE. (Woods, Shelese)
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Request |
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| 139 |
Filed: 9/14/2018, Entered: 9/18/2018 |
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DECLARATION in Support 138 Response in Opposition to 135 Motion for Summary Judgment by FD90566. (Attachments: # 1 Exhibit, # 2 Envelope)(JRB)
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Request |
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| 138 |
Filed: 9/14/2018, Entered: 9/18/2018 |
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RESPONSE in Opposition to 135 MOTION for Summary Judgment (Exhaustion of Administrative Remedies) , filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(JRB)
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Request |
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| 137 |
Filed: 8/24/2018, Entered: 8/24/2018 |
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NOTICE to Pro Se Litigant, filed by Defendants R MOSLEY, D PORTER, A. SCHOEFFEL, MATTHEW TUSSEY, A WIBLE, C ZIPPERLE (Woods, Shelese)
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Request |
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| 136 |
Filed: 8/24/2018, Entered: 8/24/2018 |
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BRIEF/MEMORANDUM in Support re 135 MOTION for Summary Judgment (Exhaustion of Administrative Remedies) , filed by Defendants R MOSLEY, D PORTER, A. SCHOEFFEL, MATTHEW TUSSEY, A WIBLE, C ZIPPERLE. (Woods, Shelese)
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Request |
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| 135 |
Filed: 8/24/2018, Entered: 8/24/2018 |
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MOTION for Summary Judgment (Exhaustion of Administrative Remedies) , filed by Defendants R MOSLEY, D PORTER, A. SCHOEFFEL, MATTHEW TUSSEY, A WIBLE, C ZIPPERLE. (Attachments: # 1 Exhibit 1, Schalburg Decl., # 2 Exhibit Attachment 1, Administrative Remedy Retrieval, # 3 Exhibit Attachment 2, Inmate Data, # 4 Exhibit Attachment 3, Quarters History, # 5 Exhibit Attachment 4, Rejection Notice 887950, # 6 Exhibit Attachment 5, Rejection Notice 891335, # 7 Exhibit Attachment 6, Remedy Update 910178)(Woods, Shelese)
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Request |
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| 134 |
Filed: 8/10/2018, Entered: 8/10/2018 |
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Entry Discussing Pending Motions - The plaintiff has filed two motions to appoint counsel. Plaintiff reports that he has requested assistance from numerous attorneys but has received no response. The Court finds that he has made reasonable efforts to secure counsel. Nevertheless, to the extent he is able, the plaintiff should continue to attempt to recruit counsel. The Court finds that the plaintiff is competent to litigate this portion of the case himself. Plaintiff's motions for counsel, Dkt. Nos. 131 & 133 , are denied without prejudice. Because the Court has not granted the plaintiff's motions for counsel, his motion for stay, Dkt. No. 132 , is denied as moot. (See Entry.) Copy to Plaintiff via U.S. Mail. Signed by Judge William T. Lawrence on 8/10/2018. (DMW)
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Request |
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| 133 |
Filed: 8/3/2018, Entered: 8/6/2018 |
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MOTION to Appoint Counsel, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(DWH)
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Request |
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| 132 |
Filed: 7/30/2018, Entered: 7/31/2018 |
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MOTION to Stay, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(DMW)
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Request |
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| 131 |
Filed: 7/30/2018, Entered: 7/31/2018 |
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MOTION to Appoint Counsel, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(DMW)
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Request |
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| 130 |
Filed: 7/24/2018, Entered: 7/26/2018 |
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RESPONSE- Reply re 117 Answer to Complaint, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(DMW)
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Request |
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| 129 |
Filed: 7/24/2018, Entered: 7/25/2018 |
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RESPONSE, re 117 Answer to Complaint, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(DWH)
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Request |
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| 128 |
Filed: 7/24/2018, Entered: 7/25/2018 |
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RESPONSE, re 115 Answer to Amended Complaint, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(DWH)
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Request |
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| 127 |
Filed: 7/24/2018, Entered: 7/25/2018 |
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RESPONSE, re 113 Answer to Amended Complaint, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(DWH)
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Request |
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| 126 |
Filed: 7/24/2018, Entered: 7/25/2018 |
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RESPONSE, re 111 Answer to Amended Complaint, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(DWH)
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Request |
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| 125 |
Filed: 7/24/2018, Entered: 7/25/2018 |
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RESPONSE, re 109 Answer to Amended Complaint, filed by Plaintiff FD90566. (DWH) (Additional attachment(s) added on 7/25/2018: # 1 Envelope) (DWH).
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Request |
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| 124 |
Filed: 7/24/2018, Entered: 7/25/2018 |
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RESPONSE, re 107 Answer to Amended Complaint, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(DWH)
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Request |
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| 123 |
Filed: 7/19/2018, Entered: 7/19/2018 |
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Entry Discussing Pending Motions - The clerk is directed to include a copy of the motion for counsel form with the plaintiff's copy of this Entry. The plaintiff's motion for AUSA to produce documents, Dkt. No. 121 , is denied (SEE ENTRY FOR ADDITIONAL INFORMATION). Signed by Judge William T. Lawrence on 7/19/2018. Copy to Plaintiff via US Mail. (Attachments: # 1 copy of the motion for counsel form) (DWH)
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Request |
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| 121 |
Filed: 7/16/2018, Entered: 7/17/2018 |
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MOTION for AUSA to Produce Documents, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(JRB)
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Request |
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| 122 |
Filed: 7/12/2018, Entered: 7/18/2018 |
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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 August 27, 2018, in which to either: file a dispositive motion in support of the exhaustion defense; file a notice with the Court specifically identifying the fact issue(s) that preclude resolution of this affirmative defense via a dispositive motion and requesting a Pavey hearing; or file a notice with the Court withdrawing the exhaustion defense (SEE ENTRY FOR ADDITIONAL INFORMATION AND DEADLINES). Signed by Judge William T. Lawrence on 7/12/2018. Copy to Plaintiff via US Mail. (DWH)
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Request |
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| 120 |
Filed: 7/9/2018, Entered: 7/10/2018 |
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MOTION to Appoint Counsel, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(DMW)
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Request |
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| 119 |
Filed: 7/5/2018, Entered: 7/5/2018 |
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ORDER denying Plaintiff's 118 Motion for Clerk's Entry of Default because the defendants are not in default. Copy to Plaintiff via U.S. Mail. Signed by Judge William T. Lawrence on 7/5/2018. (MAC)
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Request |
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| 118 |
Filed: 6/29/2018, Entered: 6/29/2018 |
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MOTION for Clerk's Entry of Default, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(DWH)
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Request |
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| 117 |
Filed: 6/26/2018, Entered: 6/26/2018 |
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ANSWER to Complaint Amended Complaint, filed by MATTHEW TUSSEY.(Woods, Shelese)
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Request |
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| 116 |
Filed: 6/26/2018, Entered: 6/26/2018 |
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NOTICE of Appearance by Shelese M. Woods on behalf of Defendant MATTHEW TUSSEY. (Woods, Shelese)
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Request |
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| 115 |
Filed: 6/26/2018, Entered: 6/26/2018 |
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ANSWER to 49 Amended Complaint , filed by A. SCHOEFFEL.(Woods, Shelese)
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Request |
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| 114 |
Filed: 6/26/2018, Entered: 6/26/2018 |
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NOTICE of Appearance by Shelese M. Woods on behalf of Defendant A. SCHOEFFEL. (Woods, Shelese)
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Request |
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| 113 |
Filed: 6/26/2018, Entered: 6/26/2018 |
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ANSWER to 49 Amended Complaint , filed by A WIBLE.(Woods, Shelese)
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Request |
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| 112 |
Filed: 6/26/2018, Entered: 6/26/2018 |
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NOTICE of Appearance by Shelese M. Woods on behalf of Defendant A WIBLE. (Woods, Shelese)
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Request |
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| 111 |
Filed: 6/26/2018, Entered: 6/26/2018 |
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ANSWER to 49 Amended Complaint , filed by C ZIPPERLE.(Woods, Shelese)
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Request |
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| 110 |
Filed: 6/26/2018, Entered: 6/26/2018 |
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NOTICE of Appearance by Shelese M. Woods on behalf of Defendant C ZIPPERLE. (Woods, Shelese)
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Request |
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| 109 |
Filed: 6/26/2018, Entered: 6/26/2018 |
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ANSWER to 49 Amended Complaint , filed by R MOSLEY.(Woods, Shelese)
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Request |
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| 108 |
Filed: 6/26/2018, Entered: 6/26/2018 |
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NOTICE of Appearance by Shelese M. Woods on behalf of Defendant R MOSLEY. (Woods, Shelese)
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Request |
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| 107 |
Filed: 6/26/2018, Entered: 6/26/2018 |
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ANSWER to 49 Amended Complaint , filed by D PORTER.(Woods, Shelese)
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Request |
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| 106 |
Filed: 6/26/2018, Entered: 6/26/2018 |
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NOTICE of Appearance by Shelese M. Woods on behalf of Defendant D PORTER. (Woods, Shelese)
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Request |
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| 105 |
Filed: 6/21/2018, Entered: 6/21/2018 |
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Entry Discussing Pending Motions - In summary, the Court has denied the plaintiff's pending motions at Dkt. Nos. 99 , 100 , 102 , and 103 (SEE ENTRY FOR ADDITIONAL INFORMATION). Signed by Judge William T. Lawrence on 6/21/2018. Copy to Plaintiff via US Mail. (DWH)
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Request |
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| 104 |
Filed: 6/18/2018, Entered: 6/19/2018 |
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Correspondence REQUESTING COPY of Case Docket Sheet, filed by FD90566. Copy/Copies provided via US Mail. (Attachments: # 1 Envelope) (JKS)
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Request |
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| 103 |
Filed: 6/18/2018, Entered: 6/19/2018 |
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MOTION in Objection to any further Motions for Enlargement of Time, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(JKS)
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Request |
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| 102 |
Filed: 6/15/2018, Entered: 6/18/2018 |
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MOTION for Contempt, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(JKS)
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Request |
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| 101 |
Filed: 6/8/2018, Entered: 6/12/2018 |
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DECLARATION in Support of 100 Motion for Clerk's Entry of Default by FD90566. (Attachments: # 1 Envelope)(JKS)
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Request |
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| 100 |
Filed: 6/8/2018, Entered: 6/12/2018 |
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MOTION for Clerk's Entry of Default, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(JKS)
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Request |
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| 99 |
Filed: 6/8/2018, Entered: 6/12/2018 |
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Renewal of MOTION to Appoint Counsel, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(JKS)
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Request |
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| 98 |
Filed: 6/8/2018, Entered: 6/8/2018 |
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Entry - The defendants' motion for extension of time, Dkt. No. 97 , is granted in part. The defendants shall have through June 27, 2018, in which to file an answer or other responsive pleading to the plaintiff's complaint. The Court does not anticipate granting further requests for extension of time absent extraordinary circumstances. Signed by Judge William T. Lawrence on 6/8/2018. Copy to Plaintiff via US Mail. (DW)
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Request |
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| 97 |
Filed: 6/6/2018, Entered: 6/6/2018 |
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MOTION for Extension of Time to 30 days , filed by Defendants R MOSLEY, D PORTER, A. SCHOEFFEL, MATTHEW TUSSEY, A WIBLE, C ZIPPERLE. (Attachments: # 1 Text of Proposed Order)(Woods, Shelese)
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Request |
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| 96 |
Filed: 5/23/2018, Entered: 5/23/2018 |
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Entry - The plaintiff's motion to deny any further motions for enlargement of time, Dkt. No. 95, is denied. The Court considers each motion at the time it is filed and determines if it is based on good cause at that time. Signed by Judge William T. Lawrence on 5/23/2018. Copy to Plaintiff via US Mail. (DW)
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Request |
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| 95 |
Filed: 5/21/2018, Entered: 5/22/2018 |
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MOTION to deny any further motions for enlargement of time, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(DW)
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Request |
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| 94 |
Filed: 5/18/2018, Entered: 5/21/2018 |
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Correspondence REQUESTING COPY of Case Docket Sheet, filed by Plaintiff. Copies provided via US Mail. (Attachments: # 1 Envelope) (CBU)
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Request |
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| 93 |
Filed: 5/16/2018, Entered: 5/16/2018 |
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Entry Discussing Pending Motions - Accordingly, the plaintiff's motion for assistance with recruiting counsel, Dkt. No. 91 , is denied without prejudice. The plaintiff's motion for clerk's entry of default, Dkt. No. 92 , is denied because the defendants are not in default. The Court defendants have through June 6, 2018, in which to respond to the plaintiff's complaint (SEE ENTRY). Signed by Judge William T. Lawrence on 5/16/2018. copy to Plaintiff via US Mail. (DW)
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Request |
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| 92 |
Filed: 5/10/2018, Entered: 5/11/2018 |
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MOTION for Clerk's Entry of Default, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(NAD)
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Request |
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| 91 |
Filed: 5/10/2018, Entered: 5/11/2018 |
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MOTION to Appoint Counsel, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(NAD)
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Request |
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| 90 |
Filed: 5/9/2018, Entered: 5/9/2018 |
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ORDER - The Court, having reviewed the United States' Motion for Enlargement of Time, and being duly advised, hereby GRANTS the Motion, Dkt. No. 89 , and extends the Defendants' deadline to file an answer or other responsive pleading to the Plaintiff' s Complaint by thirty days, making such response due on or before June 6, 2018. Signed by Judge William T. Lawrence on 5/9/2018. Copy to Plaintiff via US Mail. (DW)
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Request |
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| 89 |
Filed: 5/7/2018, Entered: 5/7/2018 |
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MOTION for Extension of Time to June 6, 2018 , filed by Defendants N MARTIN, R MOSLEY, D PORTER, A. SCHOEFFEL, MATTHEW TUSSEY, A WIBLE, C ZIPPERLE. (Attachments: # 1 Text of Proposed Order)(Woods, Shelese)
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Request |
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| 88 |
Filed: 4/30/2018, Entered: 4/30/2018 |
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Entry Granting 87 Motion for Court's Assistance and Dismissing Defendant Martin - Claims against defendant N. Martin are dismissed. The clerk is directed to terminate N. Martin as a defendant in this action. The plaintiff's motion for Court's Assistance regarding mail delivery, 87 , is granted to the extent the clerk is directed to update the plaintiff's address to include thefollowing notation: "Special Mail-Open Only in the Presence of the Inmate." Copy sent to Plaintiff via US Mail. Signed by Judge William T. Lawrence on 4/30/2018. (JRB)
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Request |
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| 87 |
Filed: 4/23/2018, Entered: 4/24/2018 |
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MOTION for Court's Assistance regarding mail delivery, filed by Plaintiff FD90566. (Attachments: # 1 Exhibit, # 2 Envelope). (MAC)
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Request |
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| 86 |
Filed: 4/23/2018, Entered: 4/23/2018 |
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RESPONSE to 85 Court Order, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(JRB)
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Request |
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| 85 |
Filed: 4/13/2018, Entered: 4/13/2018 |
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Entry Discussing Pending Motions and Directing Further Proceedings - The plaintiff's motion for default judgment, 83 , is denied because defendant N. Martin is not in default. Docket 50-7 is a copy of the summons that was issued to N. Martin. The plaintiff's motion to object to the government attorney representing the defendants before approval by the U.S. Department of Justice, 84 ], is denied because the plaintiff has not provided any authority for his objection. The plaintiff shall have through May 23, 2018, in which to again inform the Court whether he wishes to pursue his claim against N. Martin or to dismiss N. Martin as a defendant in this action. Copy sent to Plaintiff via US Mail. Signed by Judge William T. Lawrence on 4/13/2018. (JRB)
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Request |
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| 84 |
Filed: 4/2/2018, Entered: 4/4/2018 |
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MOTION to object that the government attorney is representing the respondents that is and is not yet approved by the US Department of Justice, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(CBU)
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Request |
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| 83 |
Filed: 4/2/2018, Entered: 4/4/2018 |
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MOTION to object to respondents motion for enlargement of time and to continue on default judgment, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(CBU)
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Request |
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| 82 |
Filed: 4/2/2018, Entered: 4/4/2018 |
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AFFIDAVIT of Plaintiff by FD90566. (Attachments: # 1 Envelope)(DW) (Additional attachment(s) added on 4/4/2018: # 2 Cover Letter) (DW).
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Request |
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| 81 |
Filed: 4/2/2018, Entered: 4/3/2018 |
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RESPONSE, re 76 Entry, filed by Plaintiff FD90566. (Attachments: # 1 Cover Letter, # 2 Envelope)(DW)
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Request |
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| 80 |
Filed: 3/29/2018, Entered: 3/30/2018 |
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Correspondence Requesting Copies (Docket Nos. 67, 68, 69, 70, 71, and 72, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(DW) Modified on 4/3/2018 to reflect copies requested have been sent to plaintiff(JRT).
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Request |
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| 79 |
Filed: 3/26/2018, Entered: 3/28/2018 |
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Notice Regarding Copies for the Defendants filed by Plaintiff FD90566. (Attachments: # 1 Exhibit, # 2 Envelope). (MAC) Modified on 4/3/2018 to reflect notice (JRT).
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Request |
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| 78 |
Filed: 3/22/2018, Entered: 3/22/2018 |
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Entry - The Court acknowledges the plaintiff's letter regarding received copies, Dkt. No. 77 . The Court previously sent the plaintiff a copy of docket entries 48 and 49. See Dkt. No. 57 . Signed by Judge William T. Lawrence on 3/22/2018. Copy to Plaintiff via US Mail. (DW)
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Request |
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| 77 |
Filed: 3/19/2018, Entered: 3/20/2018 |
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Letter regarding received copies, filed by Plaintiff. (Attachments: # 1 Envelope) (JKS)
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Request |
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| 76 |
Filed: 3/19/2018, Entered: 3/19/2018 |
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Entry Discussing Status of Defendant N Martin - On March 15, 2018, counsel for the United States of America, an interested party in this litigation, informed the Court that defendant N Martin has not been served and is currently a military service member on active duty overseas. Before the Court takes extraordinary measures to attempt to serve N Martin overseas, the plaintiff shall have through April 12, 2018, in which to inform the Court whether he wishes to pursue his claim against N Martin or to dismiss N Martin as a defendant in this action. Copy to plaintiff via US Mail. Signed by Judge William T. Lawrence on 3/19/2018.(RSF)
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Request |
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| 75 |
Filed: 3/16/2018, Entered: 3/16/2018 |
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ORDER granting 73 Motion for Extension of Time. The Defendant Tussey's deadline to file an answer or other responsive pleading to the Plaintiff' s Complaint by fifty-two days, making such response due on or before May 7, 2018. Signed by Judge William T. Lawrence on 3/16/2018. Copy to Plaintiff via US Mail. (DW)
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Request |
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| 74 |
Filed: 3/16/2018, Entered: 3/16/2018 |
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Entry Discussing Pending Motions - The plaintiff's motion to appoint counsel, Dkt. No. 63 , is denied as premature. the plaintiff's motion to submit evidence, Dkt. No. 64 , is denied as premature. The plaintiff's motion requesting copies, Dkt. No. 62 , is denied as moot because the Court previously sent the plaintiff the copies he requests. The plaintiff's motion for specific wording on envelopes, Dkt. No. 65 , is denied (SEE ENTRY). Signed by Judge William T. Lawrence on 3/16/2018. Copy to Plaintiff via US Mail. (DW) Modified on 3/16/2018 (DW).
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Request |
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| 73 |
Filed: 3/15/2018, Entered: 3/15/2018 |
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MOTION for Extension of Time to 52 days , filed by Interested Party UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Woods, Shelese)
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Request |
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| 72 |
Filed: 3/12/2018, Entered: 3/13/2018 |
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RETURN of USM Service A. SCHOEFFEL served on 3/7/2018. (BRR)
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Request |
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| 71 |
Filed: 3/12/2018, Entered: 3/13/2018 |
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RETURN of USM Service D PORTER served on 3/7/2018. (BRR)
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Request |
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| 70 |
Filed: 3/12/2018, Entered: 3/13/2018 |
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RETURN of USM Service A. WIBLE served on 3/7/2018. (BRR)
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Request |
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| 69 |
Filed: 3/12/2018, Entered: 3/13/2018 |
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RETURN of USM Service C ZIPPERLE served on 3/7/2018. (BRR)
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Request |
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| 68 |
Filed: 3/12/2018, Entered: 3/13/2018 |
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RETURN of USM Service R MOSLEY served on 3/8/2018. (BRR)
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Request |
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| 67 |
Filed: 3/12/2018, Entered: 3/13/2018 |
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RETURN of USM Service N. Martin (BRR) (Main Document 67 replaced on 3/14/2018) (RSF). (Additional attachment(s) added on 3/14/2018: # 1 Service of Process and Unredacted return) (RSF). (Attachment 1 replaced on 3/14/2018) (RSF).
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Request |
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| 66 |
Filed: 3/12/2018, Entered: 3/13/2018 |
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NOTICE of Certificate of Service, filed by Plaintiff FD90566 (Attachments: # 1 Envelope) (DW)
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Request |
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| 65 |
Filed: 3/12/2018, Entered: 3/13/2018 |
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MOTION for specific wording on envelopes, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(DW)
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Request |
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| 64 |
Filed: 3/5/2018, Entered: 3/6/2018 |
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MOTION to Submit Evidence, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(BRR)
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Request |
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| 63 |
Filed: 3/5/2018, Entered: 3/6/2018 |
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MOTION to Appoint Counsel, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(BRR)
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Request |
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| 62 |
Filed: 3/5/2018, Entered: 3/6/2018 |
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MOTION Requesting Copies, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(BRR)
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Request |
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| 61 |
Filed: 2/27/2018, Entered: 2/27/2018 |
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Entry Discussing Pending Motions - The plaintiff's motion to appoint counsel, Dkt. No. 59 , is denied as premature. The plaintiff's motion for copies of case file, Dkt. No. 60 , is granted to the extent that the clerk is directed to include with the plaintiff's copy of this Entry copies of all documents on the docket, except Dkt. No. 48 and Dkt. No. 49 which were previously sent to the plaintiff (SEE ENTRY). Signed by Judge William T. Lawrence on 2/27/2018. Copy of Entry and documents sent to Plaintiff via US Mail. (DW)
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Request |
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| 60 |
Filed: 2/20/2018, Entered: 2/21/2018 |
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MOTION Requesting Copies, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(BRR)
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Request |
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| 59 |
Filed: 2/20/2018, Entered: 2/21/2018 |
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MOTION to Appoint Counsel, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(BRR)
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Request |
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| 58 |
Filed: 2/20/2018, Entered: 2/21/2018 |
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NOTICE to the Court, filed by Plaintiff FD90566 (Attachments: # 1 Exhibit, # 2 Envelope) (BRR)
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Request |
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| 57 |
Filed: 2/7/2018, Entered: 2/7/2018 |
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Entry - The plaintiff's motion for copies of case file, Dkt. No. 55 , is granted to the extent that the clerk is directed to include copies of the docket, Dkt. No. 48, and Dkt. No. 49 with the plaintiff's copy of this Entry. Signed by Judge William T. Lawrence on 2/7/2018. Copy of Entry and documents sent to Plaintiff via US Mail. (DW)
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Request |
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| 56 |
Filed: 2/6/2018, Entered: 2/6/2018 |
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RETURN of USM Service - Defendants c/o US Attorney General, Washington, DC served by CMRRR on 1/29/2018. (DW)
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Request |
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| 55 |
Filed: 2/5/2018, Entered: 2/6/2018 |
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MOTION for Copies of Case File, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(BRR)
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Request |
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| 54 |
Filed: 1/30/2018, Entered: 1/31/2018 |
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RETURN of USM Service UNITED STATES OF AMERICA served on 1/29/2018 c/o Office of the U.S. Attorney, Southern IN. (MAC)
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Request |
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| 53 |
Filed: 1/29/2018, Entered: 1/30/2018 |
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Correspondence REQUESTING COPY of Case Docket Sheet. Copy/Copies provided via US Mail. (Attachments: # 1 Envelope) (MEJ)
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Request |
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| 52 |
Filed: 1/17/2018, Entered: 1/17/2018 |
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ORDER granting 47 Motion for Extension of Time. the Individual Defendants'deadline to file an answer or other responsive pleading to the Plaintiff' s Complaint by sixtydays, making such response due on or before March 16, 2018. Signed by Judge William T. Lawrence on 1/17/2018. Copy to Plaintiff via US Mail. (DW)
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Request |
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| 51 |
Filed: 1/17/2018, Entered: 1/17/2018 |
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Documents for service by USM - re 48 ENTRY, 49 Amended Complaint, 50 Summons Issued. Paper copies to USM.(DW)
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Request |
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| 50 |
Filed: 1/17/2018, Entered: 1/17/2018 |
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Summons Issued as to N MARTIN, R MOSLEY, D PORTER, A. SCHOEFFEL, A WIBLE, C ZIPPERLE. (Attachments: # 1 USM 285 Form United States Attorney General, # 2 USM 285 Form A. WIBLE, # 3 USM 285 Form Office of the United States Attorney, # 4 USM 285 Form C. ZIPPERLE, # 5 USM 285 Form A. SCHOEFFEL, # 6 USM 285 Form Lt. R. MOSLEY, # 7 USM 285 Form N. MARTIN, # 8 USM 285 Form D. PORTER)(DW)
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Request |
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| 49 |
Filed: 1/17/2018, Entered: 1/17/2018 |
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AMENDED COMPLAINT against N MARTIN, R MOSLEY, D PORTER, A. SCHOEFFEL, A WIBLE, C ZIPPERLE, filed by FD90566.(DW)
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Request |
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| 48 |
Filed: 1/17/2018, Entered: 1/17/2018 |
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Entry Granting Motion for Leave to File Amended Complaint and Directing Service of Process - The plaintiff's motion for leave to file amended complaint, Dkt. No. 43 , is granted. The clerk is directed to docket the proposed complaint, Dkt. No. 43-1, as the amended complaint in this action. The plaintiff's motion to correct and to clarify, Dkt. No. 44 , is denied as moot. The clerk is designated, pursuant to Fed. R. Civ. P. 4(c), to issue process to C. Zipperle, A. Wible, D. Porter, N. Martin, A. Schoeffel, and Lt. R. Mosley. The Marshal for this District or his Deputy shall serve the summons, together with a copy of the amended complaint and a copy of this Entry, on the defendant and on the officials designated pursuant to Fed. R. Civ. P. 4(i)(2), at the expense of the United States (SEE ENTRY FOR ADDITIONAL INFORMATION). Signed by Judge William T. Lawrence on 1/17/2018. Copy to Plaintiff via US Mail. (DW)
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Request |
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| 47 |
Filed: 1/10/2018, Entered: 1/10/2018 |
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MOTION for Extension of Time to 60 days , filed by Interested Party UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Woods, Shelese)
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Request |
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| 46 |
Filed: 1/10/2018, Entered: 1/10/2018 |
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NOTICE of Appearance by Shelese M. Woods on behalf of Interested Party UNITED STATES OF AMERICA. (Woods, Shelese)
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Request |
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| 45 |
Filed: 1/2/2018, Entered: 1/3/2018 |
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EXHIBITS for Amended Complaint re 43 MOTION to Amend/Correct 1 Complaint by FD90566. (Attachments: # 1 Envelope).(MAC) Modified on 1/3/2018 (MAC).
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Request |
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| 44 |
Filed: 1/2/2018, Entered: 1/3/2018 |
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MOTION to Correct and to Clarify for the Court's Records, filed by Plaintiff FD90566. (Attachments: # 1 Envelope). (MAC)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 43 |
Filed: 1/2/2018, Entered: 1/3/2018 |
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MOTION to Amend/Correct 1 Complaint, filed by Plaintiff FD90566. (Attachments: # 1 Proposed Amended Complaint, # 2 Envelope). (MAC) (Additional attachment(s) added on 1/3/2018: # 3 Cover Letter) (MAC).
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Request |
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| 42 |
Filed: 12/20/2017, Entered: 12/20/2017 |
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ORDER Discussing Motion to Appoint Counsel - Accordingly, the plaintiff's motion for assistance with recruiting counsel, Dkt. No. 41 , is denied without prejudice (SEE ORDER). Signed by Judge William T. Lawrence on 12/20/2017. Copy to Plaintiff via US Mail. (DW)
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Request |
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| 41 |
Filed: 12/18/2017, Entered: 12/19/2017 |
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MOTION to Appoint Counsel, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(DW)
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Request |
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| 40 |
Filed: 12/6/2017, Entered: 12/6/2017 |
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Entry Discussing Pending Motions - The plaintiff's motion to identify claims, Dkt. No. 35 , is denied without prejudice because adding defendants requires the filing of a motion for leave to file an amended complaint along with a tendered amended complaint. The plaintiff shall have through January 4, 2018, in which to file an amended complaint. The plaintiff's motion to correct, Dkt. No. 36 , is granted and denied. The plaintiff's motion to re-enter prior motions, Dkt. No. 37 , is denied. The plaintiff's motion for demand for jury trial, Dkt. No. 38 , is granted (SEE ENTRY FOR ADDITIONAL INFORMATION). Signed by Judge William T. Lawrence on 12/6/2017. Copy to Plaintiff via US Mail. (Attachments: # 1 motion for counsel form) (DW)
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Request |
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| 39 |
Filed: 11/30/2017, Entered: 12/4/2017 |
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RETURN of USM Service MATTHEW TUSSEY served on 11/30/2017. (REO) Modified on 12/4/2017 (REO).
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Request |
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| 34 |
Filed: 11/30/2017, Entered: 11/30/2017 |
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RECEIPT #IP058220 for partial filing fee in the amount of $5.68, paid by plaintiff. (NAD)
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Request |
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| 38 |
Filed: 11/29/2017, Entered: 11/30/2017 |
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MOTION for Demand for Jury Trial, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(MAC)
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Request |
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| 37 |
Filed: 11/29/2017, Entered: 11/30/2017 |
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MOTION to Re-Enter Motions, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(MAC)
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Request |
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| 36 |
Filed: 11/29/2017, Entered: 11/30/2017 |
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MOTION to Correct, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(MAC)
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Request |
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| 35 |
Filed: 11/29/2017, Entered: 11/30/2017 |
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MOTION to Identify Claims as stated in part of Order dated 11/3/2017 of Entry Screening Complaint, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(MAC)
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Request |
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| 33 |
Filed: 11/21/2017, Entered: 11/22/2017 |
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RETURN of USM Service MATTHEW TUSSEY c/o US Attorney, Indianapolis, IN served on 11/16/2017. (DW)
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Request |
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| 32 |
Filed: 11/17/2017, Entered: 11/17/2017 |
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ENTRY - The plaintiff's motion for service of the complaint, Dkt. No. 29 , is granted to the extent that the defendant was served on November 15, 2017. Dkt. No. 31 . The plaintiff's motion for discovery, Dkt. No. 30 , is denied as premature (SEE ENTRY). Signed by Judge William T. Lawrence on 11/17/2017. Copy to Plaintiff via US Mail (DW)
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Request |
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| 31 |
Filed: 11/15/2017, Entered: 11/15/2017 |
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RETURN of USM Service - MATTHEW TUSSEY served on 11/15/2017. (RSF)
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Request |
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| 29 |
Filed: 11/14/2017, Entered: 11/14/2017 |
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MOTION for service of Complaint to be served upon Respondent, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(DW)
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Request |
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| 30 |
Filed: 11/13/2017, Entered: 11/14/2017 |
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MOTION for Discovery, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(DW)
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Request |
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| 28 |
Filed: 11/6/2017, Entered: 11/6/2017 |
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|
ENTRY - The plaintiff's motion to amend exhibits, Dkt. No. 23 , is denied. It is not the proper stage in litigation to submit evidence. Furthermore, the letter referring to a tort claim is not relevant to this case because the plaintiff did not state a claim under the Federal Tort Claims Act and the government has not yet responded to his claim. Signed by Judge William T. Lawrence on 11/6/2017. Copy to Plaintiff via US Mail (DW)
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Request |
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| 26 |
Filed: 11/3/2017, Entered: 11/3/2017 |
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|
Documents for service by USM - re 25 Summons Issued, 1 Complaint, 24 Entry. Paper copies to USM.(DW)
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Request |
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| 25 |
Filed: 11/3/2017, Entered: 11/3/2017 |
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|
Summons Issued as to MATTHEW TUSSEY. (Attachments: # 1 USM 285 Form United States Attorney General, # 2 USM 285 Form Office of the United States Attorney, # 3 USM 285 Form Matthew Tussey)(DW)
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Request |
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| 24 |
Filed: 11/3/2017, Entered: 11/3/2017 |
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|
ENTRY Screening Complaint and Directing Further Proceedings - The clerk is designated, pursuant to Fed. R. Civ. P. 4(c), to issue process to Matthew Tussey and the United States of America. The Marshal for this District or his Deputy shall serve the summons, together with a copy of the complaint (docket 1) and a copy of this Entry, on the defendant and on the officials designated pursuant to Fed. R. Civ. P. 4(i)(2), at the expense of the United States. The clerk is directed to update the docket to reflect that Jeff Krueger, USP Terre Haute Warden, and any and all John or Jane Does involved are no longer defendants in this action (SEE ENTRY). Copies distributed pursuant to distribution list. Signed by Judge William T. Lawrence on 11/3/2017.(DW)
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Request |
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| 27 |
Filed: 11/2/2017, Entered: 11/3/2017 |
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|
Letter from Plaintiff regarding accompanying filing fee. (Attachments: # 1 Envelope) (DW)
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Request |
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| 23 |
Filed: 10/30/2017, Entered: 10/31/2017 |
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MOTION to Amend Exhibits, filed by Plaintiff FD90566. (Attachments: # 1 Exhibits (note - page two is extremely dark), # 2 Cover Letter)(DW)
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Request |
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| 22 |
Filed: 10/30/2017, Entered: 10/31/2017 |
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|
DEMAND for Trial by Jury, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(DW)
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Request |
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| 21 |
Filed: 10/30/2017, Entered: 10/31/2017 |
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|
RECEIPT #IP057841 for partial filing fee in the amount of $5.68, paid by plaintiff. (NAD)
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Request |
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| 20 |
Filed: 10/30/2017, Entered: 10/30/2017 |
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Entry Discussing Pending Motions - The plaintiff's motion for Court's assistance, Dkt. No. 12 is granted to the extent the clerk is directed to provide the petitioner with a copy of the docket in this case. The plaintiff's motion for extension of time, Dkt. No. 15 , is granted. The plaintiff shall have through December 1, 2017, in which to pay the initial partial filing fee of Five Dollars and Sixty-Eight Cents ($5.68). The plaintiff's motions to appoint counsel, Dkt. No. 13 and Dkt. No. 16 , are denied as premature. The plaintiff's motions for subpoena, Dkt. No. 14 and Dkt. No. 17 , is denied (SEE ENTRY). Copy to Plaintiff via US Mail. Signed by Judge William T. Lawrence on 10/30/2017. (Attachments: # 1 Copy of Docket Sheet) (DW)
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Request |
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| 19 |
Filed: 10/25/2017, Entered: 10/27/2017 |
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Letter dated 10/16/2017 from Plaintiff regarding filing fee status. (Attachments: # 1 Envelope) (DW)
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Request |
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| 17 |
Filed: 10/25/2017, Entered: 10/26/2017 |
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MOTION to subpoena, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(DW) Modified on 10/26/2017 (DW).
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Request |
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| 16 |
Filed: 10/25/2017, Entered: 10/26/2017 |
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|
MOTION to Appoint Counsel, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(DW)
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Request |
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| 15 |
Filed: 10/25/2017, Entered: 10/26/2017 |
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|
MOTION for Extension of Time, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(DW)
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Request |
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| 18 |
Filed: 10/23/2017, Entered: 10/26/2017 |
|
|
Letter from Plaintiff regarding filing fee. (Attachments: # 1 Envelope) (DW)
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|
Request |
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| 14 |
Filed: 10/11/2017, Entered: 10/11/2017 |
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|
MOTION for Subpoena, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(MAT)
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|
Request |
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| 13 |
Filed: 10/11/2017, Entered: 10/11/2017 |
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|
MOTION to Appoint Counsel, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(MAT)
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|
Request |
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| 12 |
Filed: 10/11/2017, Entered: 10/11/2017 |
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MOTION for Court's Assistance and Requesting Copies, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(MAT)
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Request |
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| 11 |
Filed: 10/5/2017, Entered: 10/5/2017 |
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|
Entry Discussing Pending Motions - The plaintiff's motion for extension of time, Dkt. No. 9 , is granted. The plaintiff shall have additional time, through November 10, 2017, in which to pay the initial partial filing fee of Five Dollars and Sixty-Eight Cents ($5.68). The plaintiff's motion for information asks whether the initial partial filing fee has been received and states that this case should be combined with his habeas action. The plaintiff's motion, Dkt. No. 10 , is granted to the extent that he is informed that the Court has not received the partial payment and is denied to the extent that this action should not and will not be combined with his habeas action. Copy to Plaintiff via US Mail. Signed by Judge William T. Lawrence on 10/5/2017. (DW)
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Request |
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| 10 |
Filed: 10/2/2017, Entered: 10/4/2017 |
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MOTION for information and status of payment, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(DW)
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Request |
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| 9 |
Filed: 10/2/2017, Entered: 10/4/2017 |
|
|
MOTION for Extension of Time, filed by Plaintiff FD90566. (Attachments: # 1 Envelope)(DW)
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|
Request |
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| 8 |
Filed: 9/27/2017, Entered: 9/27/2017 |
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Letter from FD90566 regarding filing fee. (Attachments: # 1 Trust Account Statement, # 2 Envelope) (LBT)
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Request |
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| 7 |
Filed: 9/19/2017, Entered: 9/19/2017 |
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|
ORDER granting 6 Motion for Leave to Proceed in forma pauperis - The plaintiff is assessed an initial partial filing fee of Five Dollars and Sixty-Eight Cents ($5.68). He shall have through October 23, 2017, in which to pay this sum to the clerk of the district court. Copy sent to Plaintiff via US Mail. Signed by Magistrate Judge Denise K. LaRue on 9/19/2017. (JRB)
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Request |
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| 6 |
Filed: 9/11/2017, Entered: 9/12/2017 |
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|
MOTION (letter) for Leave to Proceed in forma pauperis, filed by Plaintiff FD90566. (Attachments: # 1 Exhibit - Inmate Transactions, # 2 Envelope)(DW)
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Request |
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| 4 |
Filed: 9/6/2017, Entered: 9/7/2017 |
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|
NOTICE of Change of Address for FD90566. (Attachments: # 1 Envelope) (DW)
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Request |
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| 3 |
Filed: 8/10/2017, Entered: 8/10/2017 |
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|
ENTRY Discussing Filing Fee - The plaintiff shall have through September 11, 2017, in which to either pay the $400.00 filing fee for this action or demonstrate that he lacks the financial ability to do so (SEE ENTRY). Copy to Plaintiff via US Mail. Signed by Judge William T. Lawrence on 8/10/2017.(DW)
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Request |
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| 2 |
Filed: 8/8/2017, Entered: 8/8/2017 |
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|
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH)
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Request |
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| 1 |
Filed: 8/7/2017, Entered: 8/8/2017 |
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|
COMPLAINT against ANY AND ALL JOHN OR JANE DOES INVOLVED, JEFF KRUEGER, MATTHEW TUSSEY, filed by FD90566. (No fee paid with this filing) (Attachments: # 1 exhibits containing records for administrative remedy, discipline hearing, and health care, # 2 proposed subpoena, # 3 Cover Letter, # 4 Envelope)(DJH)
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Request |
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