OPINION & ORDER DAMON R. LEICHTY , District Judge . Randy Lee Jent, a prisoner without a lawyer, filed a habeas corpus petition challenging a disciplinary hearing (ISP 19-07-0040) where a Disciplinary Hearing Officer (DHO) found him guilty of "interfering with count" in violation of Indiana Department of Correction (IDOC) offense B-251. ECF 7 at 1. As a result, he was sanctioned with a loss of 30 days earned credit time and loss of privileges. Id. Mr. Jent filed his habeas corpus...
OPINION AND ORDER ROBERT L. MILLER, JR. , District Judge . William Jackson alleges that he was wrongfully arrested and detained for more than 320 days in violation of his rights under the Fourth and Fourteenth Amendments and Indiana law. He sues the LaPorte County Sheriff's Department, LaPorte County, and Andrew Hynek (individually and in his capacity as a LaPorte County police officer). Cross-motions for summary judgment are before the court following oral argument on December 16, 2019....
OPINION AND ORDER JOHN E. MARTIN , District Judge . This matter is before the Court on Defendants' Motion for Summary Judgment [DE 81], filed on March 6, 2019. For the following reasons, the motion is granted. I. Procedural Background On November 18, 2016, Plaintiff Demajio J. Ellis, a prisoner in Westville Correctional Facility, filed an Amended Complaint pro se alleging that Defendants Sgt. Alonzo Burris, Sgt. Steven Penning, Officer Daniel Nicksich, and Officer Brandon Mahoney...
OPINION AND ORDER JOSHUA P. KOLAR , Magistrate Judge . This matter is before the Court sua sponte. The Court must continuously police its subject matter jurisdiction, Hay v. Ind. State Bd. of Tax Comm'rs, 312 F.3d 876 , 879 (7th Cir. 2002), and must dismiss this action if the Court lacks subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). Currently, the Court is unable to determine if it has subject matter jurisdiction over the Third-Party Complaint filed by Defendant and Third-...
OPINION AND ORDER JON E. DEGUILIO , District Judge . Renee M. Fair applied for social security disability insurance benefits, alleging that she is unable to work primarily due to her obesity, back pain, and bipolar disorder. Ms. Fair was found to be not disabled in a May 2014 decision. The Appeals Council vacated that 2014 decision and remanded the case. A second hearing was held, and a new ALJ rendered an unfavorable decision in February 2016. The District Court remanded that decision...
OPINION AND ORDER PHILIP P. SIMON , District Judge . Jeffrey and Kathryn Smith purchased a lake home from Susan Hearn, and it flooded a couple of months later. In this action based on fraud, the Smiths contend that Hearn lied to them in a number of ways during the sales process. The alleged misrepresentations include statements made in the written Sales Disclosure Form, where, for example, Hearn checked "do not know" for "have there been or are there any hazardous conditions on the...
OPINION AND ORDER ROBERT L. MILLER, JR. , District Judge . Christopher L. Scruggs, a prisoner without a lawyer, proceeds on an Eighth Amendment claim against Sergeant Pomeroy in connection with a use of force incident on January 24, 2017, and on an Eighth Amendment claim against Lieutenant Creasy and Officer Reed for failing to intervene with respect to that incident. He also proceeds against Officer Timmons on an Eighth Amendment claim for failing to intervene in another sergeant's use...
ORDER ACCEPTING FINDINGS AND RECOMMENDATION HOLLY A. BRADY , District Judge . This matter is before the Court on the Findings and Recommendation of the United States Magistrate Judge [ECF No. 72], filed on March 4, 2020. The Defendant has waived objection to the Findings and Recommendation. The Court being duly advised, ADOPTS the Findings and Recommendation [ECF No. 72] in its entirety and ACCEPTS the recommended disposition. Subject to this Court's consideration of the Plea Agreement...
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A PLEA OF GUILTY PAUL R. CHERRY , Magistrate Judge . TO: THE HONORABLE HOLLY A. BRADY, UNITED STATES DISTRICT COURT Upon Defendant's request to enter a plea of guilty pursuant to Rule 11 of the Federal Rules of Criminal Procedure, this matter came on for hearing before U.S. Magistrate Judge Paul R. Cherry, on March 4, 2020, with the written consents of Defendant, counsel for Defendant, and counsel for the United States of America....
OPINION AND ORDER MICHAEL G. GOTSCH, SR. , Magistrate Judge . Pending before the Court are three motions: Plaintiff's Motion to Compel Compliance and Impose Sanctions [DE 18]; Plaintiff's Motion to Extend Discovery [DE 39]; and Defendants' Motion for Extension of Expert Disclosure Deadline [DE 44]. Each is addressed below. I. RELEVANT BACKGROUND Plaintiff filed a complaint initiating this civil action on June 26, 2019. The case arises from the shooting death of Eric Jack Logan by South...
OPINION & ORDER DAMON R. LEICHTY , District Judge . Sonny Davis, a prisoner without a lawyer, is proceeding in this case on two claims: (1) "against Jason English . . . for serving [him] a diet with gluten in it in violation of the Eighth Amendment [from July 2017 to July 2018]" and (2) "against Aramark [for] a policy or practice of serving Muslim inmates a diet that does not comply with their religious beliefs . . . in violation of the First Amendment." ECF 4 at 1-2. The defendants filed...
OPINION AND ORDER JON E. DeGUILIO , District Judge . Lisa Roberts applied for social security disability insurance benefits, alleging that she has been unable to work since October 11, 2012. The ALJ found that she has several severe impairments including degenerative disc disease of the lumbar spine with osteoarthritis, arthritis in her right shoulder with a rotator cuff tear, fibromyalgia, anxiety, and depression. The ALJ determined that Ms. Roberts was capable of light work with some...
OPINION AND ORDER PHILIP P. SIMON , District Judge . A week after being transported to the LaPorte County Jail, pro se Plaintiff Stephen Whiting noticed a spot on his arm which resembled a pimple and was warm and sensitive. Whiting claims he spent the next four days trying to get the attention of two nurses at the jail, Defendants Keith Buckland and Gina Salinas, 1 so that he could get the proper medical treatment for his arm. On the fifth day, Salinas took a picture of the spot and sent...
OPINION AND ORDER THERESA L. SPRINGMANN , Chief District Judge . This matter is before the Court on the Plaintiffs' Motion to Lift Automatic Stay [ECF No. 22] filed on March 12, 2020. In its March 11, 2020 Order [ECF No. 20], the Court granted the Plaintiffs' Amended Motion for Default Judgment [ECF No. 18] and entered judgment in favor of the Plaintiffs against the Defendants. The Plaintiffs now "request that this Court dissolve the automatic stay created by Rule 62(a) and allow...
OPINION AND ORDER PHILIP P. SIMON , JUDGE . Plaintiff, Hansen Davis, seeks review of the final decision of the Commissioner of Social Security denying his application for Supplemental Security Income. The application was filed on March 16, 2015, and alleged a disability date of October 26, 2011. The ALJ found Davis had the severe impairments of hypertension, diabetes, and "amputation of part of his right toe." 1 [Tr. 13.] 2 But the ALJ nonetheless determined Davis had the residual...
OPINION AND ORDER THERESA L. SPRINGMANN , Chief District Judge . Plaintiff Paul Lee Jarrell seeks review of the final decision of the Commissioner of the Social Security Administration denying his applications for disability insurance benefits and supplemental security income. For the reasons set forth below, the Court finds that remand is required. PROCEDURAL BACKGROUND On December 27, 2013, Plaintiff protectively filed applications for disability insurance benefits and supplemental...
OPINION AND ORDER THERESA L. SPRINGMANN , Chief District Judge . Plaintiff Christina M. Sanford seeks review of the final decision of the Commissioner of the Social Security Administration denying her applications for disability insurance benefits and supplemental security income. For the reasons set forth below, the Court finds that remand is required. PROCEDURAL BACKGROUND On November 20, 2013, Plaintiff protectively filed an application for disability insurance benefits. AR 160, ECF...
ORDER DAMON R. LEICHTY , District Judge . The court has reviewed the findings and recommendation of Magistrate Judge Michael G. Gotsch filed on March 3, 2020. The Magistrate Judge recommended that the court reverse and remand the Social Security Administration Commissioner's decision because the administrative law judge had not developed a full and fair record, particular to certain conditions facing Ms. September Slone. The Commissioner had fourteen days to file any objections. The...
REPORT AND RECOMMENDATION MICHAEL G. GOTSCH, SR. , Magistrate Judge . Plaintiff, September A. S. ("Ms. S.") seeks judicial review of the Social Security Commissioner's decision denying her application, dated December 30, 2014, for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act. This case was referred to the undersigned on June 17, 2019, for a report and recommendation pursuant to 28 U.S.C. 636(b)(1)(C). For the reasons discussed below, the undersigned...
OPINION JON E. DEGUILIO , Magistrate Judge . Michael Ward, a prisoner without a lawyer, filed a motion for appointment of counsel. ECF 36. "There is no right to court-appointed counsel in federal civil litigation." Olson v. Morgan, 750 F.3d 708 , 711 (7th Cir. 2014) (citing Pruitt v. Mote, 503 F.3d 647 , 649 (7th Cir. 2007)). However, in some circumstances, the court may ask an attorney to volunteer to represent indigent parties for free. When confronted with a request under 1915(...
