Name: SNYDER v. ZATECKY :: Indiana Southern District Court :: Federal Civil Lawsuit No. 1:17-cv-03830, Judge Tanya Walton Pratt presiding
Creator: Indiana Southern District Court
Published: 2017-10-23
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, Indiana Southern District Court

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49	Filed: 10/4/2018, Entered: 10/4/2018
	RECEIPT #IP062344 for partial filing fee in the amount of $4.21, paid by Plaintiff. (DJH)


48	Filed: 8/24/2018, Entered: 8/24/2018
	RECEIPT #IP061787 for partial filing fee in the amount of $6.05, paid by Plaintiff. (DJH)


47	Filed: 7/25/2018, Entered: 7/25/2018
	RECEIPT #IP061387 for Partial fee in the amount of $10.73, paid by Plaintiff. (HET)


46	Filed: 7/13/2018, Entered: 7/16/2018
	JUDGMENT - The court, having this day made its Entry, IT IS NOW ADJUDGED that this cause of action is dismissed without prejudice. Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 7/13/2018.(NAD)
	Request

45	Filed: 7/13/2018, Entered: 7/16/2018
	ENTRY - GRANTING DEFENDANTS' 30 MOTION FOR SUMMARY JUDGMENT AND DIRECTING ENTRY OF FINAL JUDGMENT. The consequence of these circumstances, in light of 42 U.S.C. § 1997e(a), is that 8C1C34A claims should not have been brought and must now be dismissed without prejudice. Accordingly, Defendants' Motion for Summary Judgment, Dkt. 30 , is GRANTED, and 8C1C34A claims are DISMISSED without prejudice. (See Order.) Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 7/13/2018. (NAD)
	Request

44	Filed: 5/25/2018, Entered: 5/25/2018
	RECEIPT #IP060605 for Partial fee in the amount of $5.85, paid by Plaintiff. (HET)


43	Filed: 5/15/2018, Entered: 5/16/2018
	Surreply (Plaintiff's Second Response in Opposition to Defendants' Motion for Summary Judgment) re 30 MOTION for Summary Judgment , filed by Plaintiff 8C1C34A. (NAD)
	Request

42	Filed: 5/15/2018, Entered: 5/16/2018
	Second Designation of Evidence re 43 Surreply (Plaintiff's Second Response in Opposition to Defendants' Motion for Summary Judgment), filed by Plaintiff 8C1C34A. (Attachments: # 1 Exhibit Offender Complaint)(NAD) Modified on 5/16/2018 - Corrected link (NAD).
	Request

41	Filed: 5/8/2018, Entered: 5/8/2018
	REPLY in Support of Motion re 30 MOTION for Summary Judgment , filed by Defendants ASHLEY MCCOY, CHARLES RINEHART, DUSHAN ZATECKY. (Fiorini, Amanda)
	Request

40	Filed: 5/8/2018, Entered: 5/8/2018
	Designation of Evidence re 30 MOTION for Summary Judgment , filed by Defendants ASHLEY MCCOY, CHARLES RINEHART, DUSHAN ZATECKY. (Attachments: # 1 Exhibit O - Declaration of Jennifer Schurman, # 2 Exhibit P - Offender Complaint, Informal Process Level, August 17, 2017)(Fiorini, Amanda)
	Request

39	Filed: 5/2/2018, Entered: 5/2/2018
	ORDER granting Defendants' 38 Motion for Extension of Time to File Reply in support of their Motion for Summary Judgment to 5/8/2018. Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 5/2/2018. (MAC)
	Request

38	Filed: 5/1/2018, Entered: 5/1/2018
	MOTION for Extension of Time to May 8, 2018 , filed by Defendants ASHLEY MCCOY, CHARLES RINEHART, DUSHAN ZATECKY. (Attachments: # 1 Text of Proposed Order)(Fiorini, Amanda)
	Request

37	Filed: 4/27/2018, Entered: 4/27/2018
	RECEIPT #IP060251 for partial filing fee in the amount of $6.05, paid by Plaintiff. (REO)


36	Filed: 4/27/2018, Entered: 4/27/2018
	ENTRY - The plaintiff's motion for an Order denying defendants' request for an extension of time to pursue the affirmative defense of exhaustion, dkt 28 , is denied as moot. The defendants' motion has been filed. Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 4/27/2018. (NAD)
	Request

35	Filed: 4/17/2018, Entered: 4/17/2018
	Statement of Material Facts in Dispute re 34 Response in Opposition to 30 MOTION for Summary Judgment , filed by Plaintiff 8C1C34A. (JKS)
	Request

34	Filed: 4/17/2018, Entered: 4/17/2018
	RESPONSE in Opposition re 30 MOTION for Summary Judgment , filed by Plaintiff 8C1C34A. (JKS)
	Request

33	Filed: 4/6/2018, Entered: 4/6/2018
	NOTICE Regarding Right to Respond to and Submit Evidence in Opposition to Motion for Summary Judgment, filed by Defendants ASHLEY MCCOY, CHARLES RINEHART, DUSHAN ZATECKY, re 30 MOTION for Summary Judgment . (Fiorini, Amanda)
	Request

32	Filed: 4/6/2018, Entered: 4/6/2018
	BRIEF/MEMORANDUM in Support re 30 MOTION for Summary Judgment , filed by Defendants ASHLEY MCCOY, CHARLES RINEHART, DUSHAN ZATECKY. (Fiorini, Amanda)
	Request

31	Filed: 4/6/2018, Entered: 4/6/2018
	Designation of Evidence re 30 MOTION for Summary Judgment , filed by Defendants ASHLEY MCCOY, CHARLES RINEHART, DUSHAN ZATECKY. (Attachments: # 1 Exhibit A - Declaration of Jennifer Schurman, # 2 Exhibit B - IDOC Policy 00-02-301 - April 5, 2015, # 3 Exhibit C - IDOC Policy 00-02-301 - October 1, 2017, # 4 Exhibit D - History of Grievances, # 5 Exhibit E - Formal Grievance - September 6, 2017, # 6 Exhibit F - Return of Grievance - September 7, 2017, # 7 Exhibit G - Formal Grievance - September 11, 2017, # 8 Exhibit H - Return of Grievance - September 19, 2017, # 9 Exhibit I - Formal Grievance - September 23, 2017, # 10 Exhibit J - Return of Grievance - September 26, 2017, # 11 Exhibit K - Grievance Appeal - October 13, 2017, # 12 Exhibit L - Return of Grievance - October 16, 2017, # 13 Exhibit M - Return of Grievance and Resubmission of Exhibits E and F, # 14 Exhibit N - Return of Grievance and Resubmission of Exhibits I and J)(Fiorini, Amanda)
	Request

30	Filed: 4/6/2018, Entered: 4/6/2018
	MOTION for Summary Judgment (Exhaustion of Administrative Remedies), filed by Defendants ASHLEY MCCOY, CHARLES RINEHART, DUSHAN ZATECKY. (Fiorini, Amanda) Modified on 5/16/2018 (JRT).
	Request

29	Filed: 4/2/2018, Entered: 4/2/2018
	Entry Extending Time to File Dispositive Motion on Exhaustion Defense - granting 27 Motion for Extension of Time. The time within which the defendants may file a dispositive motion or take one of the alternative steps in the Court's entry of February 6, 2018 (Dkt. 21 ) is hereby enlarged to April 6, 2018. All other terms of that entry remain in full force and effect. Signed by Judge Tanya Walton Pratt on 4/2/2018. (NAD) Modified on 4/2/2018 - Copy to Plaintiff via US Mail (NAD).
	Request

28	Filed: 4/2/2018, Entered: 4/2/2018
	MOTION for Court to Order No Further Extensions of Time to File Dispositive Motions, filed by Plaintiff 8C1C34A. (JRB)
	Request

27	Filed: 3/29/2018, Entered: 3/29/2018
	Second MOTION for Extension of Time to 4/6/18 to File Dispositive Motion on Defense of Failure to Exhaust Administrative Remedies, filed by Defendants ASHLEY MCCOY, CHARLES RINEHART, DUSHAN ZATECKY. (Attachments: # 1 Text of Proposed Order)(Fiorini, Amanda)
	Request

26	Filed: 3/28/2018, Entered: 3/28/2018
	RECEIPT #IP059813 for partial filing fee in the amount of $5.46, paid by Plaintiff. (REO)


25	Filed: 3/22/2018, Entered: 3/22/2018
	Correspondence requesting copy of case docket sheet, filed by Plaintiff 8C1C34A. (BRR) Modified on 3/29/2018 to reflect docket sheet requested and sent to plaintiff (JRT).
	Request

24	Filed: 3/21/2018, Entered: 3/21/2018
	Entry Extending Time to File Dispositive Motion on Exhaustion Defense - The defendants have filed a motion to extend the time within which to file a dispositive motion addressing the affirmative defense that the plaintiff failed to exhaust his administrative remedies prior to filing this lawsuit. For good cause shown, the motion is granted. The time within which the defendants may file a dispositive motion or take one of the alternative steps in the Court's entry of February 6, 2018 (Dkt. 21 ) is hereby enlarged to March 30, 2018. All other terms of that entry remain in full force and effect. Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 3/21/2018. (BRR)
	Request

23	Filed: 3/20/2018, Entered: 3/20/2018
	MOTION for Extension of Time to 3/30/18 to File Dispositive Motion on Defense of Failure to Exhaust Administrative Remedies, filed by Defendants ASHLEY MCCOY, CHARLES RINEHART, DUSHAN ZATECKY. (Attachments: # 1 Text of Proposed Order)(Fiorini, Amanda)
	Request

22	Filed: 3/1/2018, Entered: 3/1/2018
	RECEIPT #IP059458 for Partial fee in the amount of $5.85, paid by Plaintiff. (HET)


21	Filed: 2/6/2018, Entered: 2/6/2018
	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 March 20, 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, and file a notice with the Court withdrawing the exhaustion defense. See entry for details. Signed by Judge Tanya Walton Pratt on 2/6/2018. (Copy mailed to Plaintiff) (MEJ)
	Request

20	Filed: 2/5/2018, Entered: 2/5/2018
	RECEIPT #IP059906 for Partial fee in the amount of $5.85, paid by Plaintiff. (HET)


19	Filed: 2/5/2018, Entered: 2/5/2018
	ANSWER to 8 Amended Complaint and Statement of Defenses, filed by ASHLEY MCCOY, CHARLES RINEHART, DUSHAN ZATECKY.(Fiorini, Amanda)
	Request

18	Filed: 2/5/2018, Entered: 2/5/2018
	NOTICE of Appearance by Jonathan Paul Nagy on behalf of Defendants ASHLEY MCCOY, CHARLES RINEHART, DUSHAN ZATECKY. (Nagy, Jonathan)
	Request

17	Filed: 1/5/2018, Entered: 1/5/2018
	WAIVER OF SERVICE Returned Executed, filed by DUSHAN ZATECKY. DUSHAN ZATECKY waiver sent on 12/7/2017. (Fiorini, Amanda)
	Request

16	Filed: 1/5/2018, Entered: 1/5/2018
	WAIVER OF SERVICE Returned Executed, filed by CHARLES RINEHART. CHARLES RINEHART waiver sent on 12/7/2017. (Fiorini, Amanda)
	Request

15	Filed: 1/5/2018, Entered: 1/5/2018
	WAIVER OF SERVICE Returned Executed, filed by ASHLEY MCCOY. ASHLEY MCCOY waiver sent on 12/7/2017. (Fiorini, Amanda)
	Request

14	Filed: 1/5/2018, Entered: 1/5/2018
	NOTICE of Appearance by Amanda Elizabeth Fiorini on behalf of Defendants ASHLEY MCCOY, CHARLES RINEHART, DUSHAN ZATECKY. (Fiorini, Amanda)
	Request

13	Filed: 12/27/2017, Entered: 12/27/2017
	RECEIPT #IP058583 for Partial fee in the amount of $5.85, paid by Plaintiff. (HET)


12	Filed: 12/7/2017, Entered: 12/7/2017
	Documents for Service by IDOC - re 1 Complaint, 10 Entry, and 11 NOTICE of Lawsuit & Waiver Issued by Clerk. (MEJ)
	Request

11	Filed: 12/7/2017, Entered: 12/7/2017
	NOTICE of Lawsuit & Waiver Issued by Clerk upon 1) Warden Zatecky, 2) Lt. Rinehart, and 3) Property Officer McCoy (MEJ)
	Request

10	Filed: 12/6/2017, Entered: 12/7/2017
	ENTRY Screening Complaint and Directing Further Proceedings - If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court he shall have through December 28, 2017, in which to identify those claims. The clerk is designated pursuant to Fed. R. Civ. P. 4 (c)(3) to issue process to defendants 1) Warden Zatecky, 2) Lt. Rinehart, and 3) Property Officer McCoy in the manner specified by Rule 4(d). Process shall consist of the amended complaint filed on November 3, 2017, (docket 8), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. The clerk is designated to serve the Indiana Department of Correction employees electronically. Signed by Judge Tanya Walton Pratt on 12/6/2017. (Copy mailed to Plaintiff) (MEJ)
	Request

9	Filed: 11/21/2017, Entered: 11/21/2017
	CONSENT to Jurisdiction to US Magistrate Judge by 8C1C34A. (MEJ)
	Request

8	Filed: 11/3/2017, Entered: 11/6/2017
	AMENDED COMPLAINT against ANDREW COLE, KRISTYN DICKINSON, JACKSON, ASHLEY MCCOY, CHARLES RINEHART, GERARD SPEARS, MIKE SPURGEON, DUSHAN ZATECKY, filed by 8C1C34A. (MEJ)
	Request

7	Filed: 11/3/2017, Entered: 11/6/2017
	Entry Discussing Filing Fee and Directing Further Proceedings - The plaintiff's request to proceed in forma pauperis, dkt. 2 , is granted. The motion for leave to file an amended complaint, dkt 4 , is granted. The clerk is directed to re-docket the proposed amended complaint, dkt [4-1], as the amended complaint. The amended complaint is now subject to the screening required by 28 U.S.C. § 1915A. The parties will be notified when screening is complete. See entry for details. Signed by Judge Tanya Walton Pratt on 11/3/2017. (Copy mailed to Plaintiff) (MEJ)
	Request

6	Filed: 11/3/2017, Entered: 11/6/2017
	ORDER Directing Withholding and Forwarding of Inmate Funds - The plaintiff's custodian is directed to withhold sums from the inmate trust account of plaintiff 8C1C34A, DOC # 101325, and to forward such sums to the Clerk of this Court at 46 E. Ohio Street, Indianapolis, Indiana 46204,consistent with paragraph 2 of this Entry. The appropriate cause number, 1:17-cv-3830-TWP-TAB, should be placed on each payment sent to the Clerk. The sums withheld and forwarded as provided in paragraph 1 shall be twenty percent (20%) of the preceding month's income credited to the prisoner's account. Such sums shall be forwarded to the Clerk each time the amount in the plaintiff's account exceeds Ten Dollars ($10.00) until the filing fee is paid in full. As of the issuance of this Order, the balance of the filing fee due in this case is $350.00. A copy of this Order shall be sent to plaintiff and to the plaintiff's current custodian. Signed by Judge Tanya Walton Pratt on 11/3/2017. (Copy mailed to Plaintiff and Warden of Pendleton Correctional Facility) (MEJ)
	Request

5	Filed: 10/31/2017, Entered: 10/31/2017
	CONSENT to Jurisdiction to US Magistrate Judge by 8C1C34A. (MEJ)
	Request

4	Filed: 10/31/2017, Entered: 10/31/2017
	MOTION for Leave to File Amended Complaint, filed by Plaintiff 8C1C34A. (Attachments: # 1 Amended Complaint) (MEJ)
	Request

3	Filed: 10/24/2017, Entered: 10/24/2017
	MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH)
	Request

2	Filed: 10/23/2017, Entered: 10/24/2017
	MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff 8C1C34A. (Attachments: # 1 Transaction History Inquiry)(DJH)
	Request

1	Filed: 10/23/2017, Entered: 10/24/2017
	COMPLAINT against ANDREW COLE, KRISTYN DICKINSON, JACKSON, ASHLEY MCCOY, CHARLES RINEHART, GERARD SPEARS, MIKE SPURGEON, DUSHAN ZATECKY, filed by 8C1C34A. (No fee paid with this filing) (Attachments: # 1 Exhibits A-D Requests for Interviews, health care records, offender grievances, returns of grievance, and griveance appeal,)(DJH)
	Request

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