ORDER JAMES PATRICK HANLON , District Judge . I. Granting in forma pauperis status Mr. Noethtich's motion to proceed in forma pauperis, dkt. [2], is GRANTED. See 28 U.S.C. 1915(a). While in forma pauperis status allows Mr. Noethtich to proceed without prepaying the filing fee, he remains liable for the full fees. Ross v. Roman Catholic Archdiocese of Chicago, 748 F. App'x 64, 65 (7th Cir. Jan. 15, 2019) ("Under 28 U.S.C. 1915(a), a district court may allow a litigant...
ORDER ON MOTION FOR EAJA FEES MARK J. DINSMORE , Magistrate Judge . This matter is before the Court on Plaintiff's Motion for Award of Attorney Fees under the Equal Access to Justice Act. [Dkt. 15.] The Court GRANTS the motion for the reasons set forth below. I. Background On September 6, 2019, Plaintiff filed her Complaint seeking judicial review of the Commissioner's unfavorable finding denying her application for disability benefits. [Dkt. 1.] After Plaintiff filed a brief in...
ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTIVE RELIEF TANYA WALTON PRATT , District Judge . In this prisoner civil rights action, Plaintiff Steve Rogers asserts claims against Wexford of Indiana, LLC, Dr. Paul Talbot, and Laura Bodkin. Wexford is a private entity that contracts to provide medical care to inmates at Pendleton Correctional Facility (PCF). Wexford employs Dr. Talbot to treat PCF inmates, and the Indiana Department of Correction (IDOC) employs Ms. Bodkin as a grievance...
ORDER ON PLAINTIFF'S BRIEF IN SUPPORT OF APPEAL TIM A. BAKER , Magistrate Judge . I. Introduction Plaintiff appeals the Social Security Administration's denial of his application for disability insurance benefits. Plaintiff challenges the ALJ's treatment of his mental impairments and argues that the ALJ's finding that his mental impairments do not result in any work-related limitations is contrary to law and not supported by substantial evidence. As explained in more detail below, the...
Order Dismissing Petition for Writ of Habeas Corpus and Directing Entry of Final Judgment SARAH EVANS BARKER , District Judge . The petition of Christin D. Howard for a writ of habeas corpus pursuant to 28 U.S.C. 2254 challenges the failure of the Indiana Department of Correction ("IDOC") to restore good time credits that were lost through a 2018 disciplinary proceeding. For the reasons explained in this Order, Mr. Howard's habeas petition must be denied. I. Procedural History On...
Order Denying Petition for Writ of Habeas Corpus and Directing Entry of Final Judgment SARAH EVANS BARKER , District Judge . Indiana prison inmate Leondre Woodson petitions for a writ of habeas corpus challenging a prison disciplinary sanction imposed in the disciplinary case number ISF 18-12-0302. For the reasons explained in this Order, Mr. Woodson's petition is DENIED. A. Overview Prisoners in Indiana custody may not be deprived of good-time credits or of credit-earning class...
Entry on Third Party Defendant SBI Engineers PLLC's Motion for Summary Judgment (ECF No. 163) JAMES R. SWEENEY, II , District Judge . This case arises from the design and construction of a Marriott Courtyard Hotel in Indianapolis. 1 Plaintiff MHG Hotels, LLC contracted Studio 78, LLC to provide design professional services, and Studio 78, in turn, contracted SBI Engineers PLLC to provide "stamped engineering drawings including structural, mechanical[,] plumbing and electrical design" for...
ENTRY DENYING CLAIMANT'S MOTION TO SUPPRESS TANYA WALTON PRATT , District Judge . This civil forfeiture action is before the Court on Claimant Nikki Jones' ("Ms. Jones") Motion to Suppress Evidence ( Filing No. 71 ). The United States of America ("the Government") seeks forfeiture of assets that include $7,058.00 in United States Currency seized from Ms. Jones' vehicle. She contends seizure of the $7,058.00 was the product of an unlawful search of her vehicle in violation of her rights...
Order on Plaintiff's Motion to Certify Combined Class Action and FLSA Collective Action (ECF No. 28) JAMES R. SWEENEY, II , District Judge . Plaintiff Sherry Knoll brings claims against Defendant Titan Restaurant Group, LLC d/b/a Donatos Pizza ("Titan") for violations of the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. 201 et seq., and the Indiana Wage Payment Statute, IND. CODE 22-2-5-1 et seq. (Am. Compl., ECF No. 8.) Knoll was a part-time delivery driver for Titan for...
Entry Denying Motion to Reduce Sentence under the First Step Act SARAH EVANS BARKER , District Judge . In 2007, Defendant Joshua Neubert was charged with multiple counts of armed robbery, as well as brandishing a firearm in a robbery. Dkt. 20; Dkt. 82 at 3. In 2008, he pleaded guilty to and was convicted of two counts of brandishing a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. 924(c). Dkts. 36, 37, 39. The offenses were committed on July 2 and July 3,...
ENTRY DISCUSSING MOTION FOR RELIEF PURSUANT TO 28 U.S.C. 2255 TANYA WALTON PRATT , District Judge . For the reasons explained in this Entry, the motion of Maycoe Ortiz ("Ortiz") for relief pursuant to 28 U.S.C. 2255 must be denied and the action dismissed with prejudice. In addition, the Court finds that a certificate of appealability should not issue. I. LEGAL STANDARD A motion pursuant to 28 U.S.C. 2255 is the presumptive means by which a federal prisoner can challenge his...
ORDER ON JURISDICTION JAMES PATRICK HANLON , District Judge . Defendant Pilot Travel Centers, LLC has removed this action from state court, alleging that this Court has diversity jurisdiction. Dkt. 1. The notice of removal, however, does not adequately allege the citizenship of all Defendants. A corporation is deemed a citizen of any state in which it is incorporated and of the state in which it has its principal place of business. 28 U.S.C. 1332(c)(1); see Smoot v. Mazda Motors of Am.,...
Order Granting Defendant's Motion for Summary Judgment and Directing Entry of Final Judgment JAMES R. SWEENEY II , District Judge . Plaintiff Jack R. Wadsworth, Jr., is an inmate in the Indiana Department of Correction who brought this 42 U.S.C. 1983 action on July 7, 2018, asserting that defendant Dr. Jackie L. West-Denning was deliberately indifferent to his serious medical needs while he was incarcerated at the Wabash Valley Correctional Facility (WVCF). Dr. West-Denning has moved for...
ORDER ON JURISDICTION JAMES PATRICK HANLON , District Judge . Defendant Meijer Stores Limited Partnership removed this case to this Court, alleging that this Court has diversity jurisdiction over this matter. Dkt. 1. For the Court to have diversity jurisdiction, the amount in controversy must exceed $75,000, exclusive of interest and costs, and the litigation must be between citizens of different states. 28 U.S.C. 1332(a). The citizenship of a partnership is "the citizenship of every...
ORDER ON JURISDICTION JAMES PATRICK HANLON , District Judge . Defendant Meijer Stores Limited Partnership removed this case to this Court, alleging that this Court has diversity jurisdiction over this matter. Dkt. 1. For the Court to have diversity jurisdiction, the amount in controversy must exceed $75,000, exclusive of interest and costs, and the litigation must be between citizens of different states. 28 U.S.C. 1332(a). The citizenship of a partnership is "the citizenship of every...
Entry on Cross Motions for Partial Summary Judgment and Defendant Dr. Stephen Moore's Motion for Summary Judgment (ECF Nos. 59, 62) JAMES R. SWEENEY, II , District Judge . Plaintiff Autumn Duvall alleges that her former employer, Defendant Heart of CarDon, LLC ("Heart of CarDon") and its CEO, Defendant Dr. Stephen Moore, deducted from her wages for a criminal history check, uniform purchases, and her installment-contract purchase of a personal computer in violation of Indiana's wage...
ENTRY DENYING MOTION TO REDUCE SENTENCE UNDER THE FIRST STEP ACT JAMES PATRICK HANLON , District Judge . Defendant Nathan King was indicted for possession with the intent to distribute more than 5 kilograms of cocaine, in violation of 21 U.S.C. 841(a)(1). Dkt. 1 (JAMS docket entry for Nov. 13, 2003); dkt. 9 at 1, 3; dkt. 2 at 1 ("Movant was charged . . . for possession with intent to distribute Cocaine under 21 U.S.C. Section 841(a)(1) and 851."). The United States filed an information...
ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT SARAH EVANS BARKER , District Judge . Before the Court is Defendant Aquatic Renovation Systems, Inc.'s d/b/a/ RenoSys, d/b/a RenoSys Corp., and d/b/a Sauna Source "("RenoSys") Motion for Partial Summary Judgment [Dkt. 41], filed on July 19, 2019, pursuant to Federal Rule of Civil Procedure 56. Plaintiffs Antwann Garrett and Lawrence Maxey, on behalf of themselves and others similarly situated, initiated this employment litigation...
ORDER DISMISSING ACTION WITH PREJUDICE AS SANCTION FOR PLAINTIFF'S ABUSE OF JUDICIAL PROCESS, RESOLVING PENDING MOTIONS, AND DIRECTING ENTRY OF FINAL JUDGMENT JAMES R. SWEENEY, II , District Judge . On September 27, 2019, the Court ordered Plaintiff Austin Eckes to show cause why he should not be sanctioned for misconduct. See dkt. 119. Having considered the matter and Mr. Eckes' response, the Court has determined that sanctions are warranted and that this action must be dismissed with...
ORDER JAMES PATRICK HANLON , District Judge . Defendant Anthem Insurance Companies, Inc. removed this case to federal court on January 8, 2020. Dkt. 1. On February 4, 2020, Plaintiffs moved to remand the case. Dkt. 28. On February 12, 2020, Anthem; Accredo Health Group, Inc.; and Express Scripts, Inc. moved to dismiss Plaintiffs' complaint for failure to state a claim. Dkt. 31; dkt. 33. On March 3, 2020, Plaintiffs filed a motion for leave to file an amended complaint, dkt. 50, and an...
