Case: Isby-Israel v. Wynn

Isby-Israel v. Lemmon

Isby-Israel v. Lemmon

Isby-Israel v. Lemmon

Isby-Israel v. Lemmon

Isby v. Brown

U.S. Court of Appeals for the Seventh Circuit

COMPLAINT against RICHARD BROWN, BEVERLY GILMORE, JACK HENDRIX, STANLEY KNIGHT, BRUCE LEMMON, DUSTY RUSSELL, JULIE SNIDER, JERRY SNYDER, JAMES WYNN, filed by AARON ISBY-ISRAEL. (Attachments: # 1 Cover letter)(MSD) (Entered: 05/16/2012)

1 Cover letter for case

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MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff AARON ISBY-ISRAEL. (MSD) (Entered: 05/16/2012)

MOTION for Temporary Restraining Order, filed by Plaintiff AARON ISBY-ISRAEL. (MSD) (Entered: 05/16/2012)

BRIEF/MEMORANDUM in Support re 3 MOTION for Temporary Restraining Order, filed by Plaintiff AARON ISBY-ISRAEL. (MSD) (Entered: 05/16/2012)

REQUEST (Plaintiff's First) for Production of Documents, filed by Plaintiff AARON ISBY-ISRAEL.(MSD) (Entered: 05/16/2012)

REQUEST (Plaintiff's First) for Admissions, filed by Plaintiff AARON ISBY-ISRAEL.(MSD) (Entered: 05/16/2012)

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MSD) (Entered: 05/16/2012)

DEMAND for Trial by Jury, filed by Plaintiff AARON ISBY-ISRAEL. (JKS) (Entered: 05/24/2012)

CONSENT to Jurisdiction by US Magistrate Judge by AARON ISBY-ISRAEL. (JKS) (Entered: 05/24/2012)

Entry Discussing Selected Matters - granting 2 Motion for Leave to Proceed in forma pauperis; denying 3 Motion for Temporary Restraining Order. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 6/13/2012. (RSF)

AMENDED COMPLAINT against RICHARD BROWN, BEVERLY GILMORE, JACK HENDRIX, STANLEY KNIGHT, BRUCE LEMMON, DUSTY RUSSELL, JULIE SNIDER, JERRY SNYDER, JAMES WYNN, filed by AARON ISBY-ISRAEL.(JKS) (Entered: 07/05/2012)

Entry Discussing Amended Complaint and Directing Further Proceedings - The 26-page amended complaint is subject to the screening requirement of 28 U.S.C. § 1915A(b). Any claims thought to be brought by plaintiff Aaron Isby-Israel on behalf of ot her inmates are dismissed without prejudice. The claim that the defendants interfered with the grievance process in order to prevent the plaintiff from filing a lawsuit is dismissed for failure to state a claim upon which relief may be granted. Any claims based on international law are dismissed. The plaintiff shall have through October 1, 2012, in which to file a statement of remaining claims. The statement of remaining claims should identify the circumstances associated with the alleged vi olation of plaintiff's Eighth Amendment and Due Process rights and for each such alleged violation, identify what role any of the defendants played in personally causing the alleged violation. If the plaintiff intended to advance additional claims he should restate such claims in his statement of remaining claims. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 9/10/2012.(RSF) Modified on 9/11/2012 (RSF).

**REDOCKETED AS SECOND AMENDED COMPLAINT - SEE DOCKET ENTRY 16 ** RESPONSE / Statement of Remaining Claims re 12 Entry Directing Further Proceedings, filed by Plaintiff AARON ISBY-ISRAEL. (JKS) Modified on 11/15/2012 (RSF). (Entered: 09/25/2012)

SECOND AMENDED COMPLAINT against All Defendants, filed by AARON ISBY-ISRAEL.(RSF) (Entered: 11/15/2012)

Entry Discussing Remaining Claims And Directing Further Proceedings - The statement of remaining claims filed on September 24, 2012, is understood to be the operative pleading in this action. The clerk is directed to redocket that statement 13 as the second amended complaint. The clerk is designated, pursuant to Fed. R. Civ. P. 4(c)(3), to issue and serve process on the defendants Bruce Lemmon, James Wynn, Stanley Knight, Richard Brown, Jack Hendrix, Jerry Snyder, Beverly Gilmore, Julie Snider and Dusty Russell in the manner specified by Fed. R. Civ. P. 4(d)(1). Process shall consist of the second amended complaint, applicable forms and this Entry. (See Entry.) Copies mailed pursuant to distribution list. Signed by Judge Jane Magnus-Stinson on 11/15/2012.(RSF) (Entered: 11/15/2012)

NOTICE of Lawsuit & Waiver Issued by Clerk, upon 1) Bruce Lemmon, 2) James Wynn, 3) Stanley Knight, 4) Richard Brown, 5) Jack Hendrix, 6) Jerry Snyder, 7) Beverly Gilmore, 8) Julie Snider and 9) Dusty Russell. (RSF) (Entered: 11/15/2012)

WAIVER OF SERVICE Returned Executed JERRY SNYDER waiver sent on 11/15/2012, signed on 11/20/12. (RSF) (Entered: 12/06/2012)

WAIVER OF SERVICE Returned Executed BEVERLY GILMORE waiver sent on 11/15/2012, signed on 11/20/12. (RSF) (Entered: 12/06/2012)

WAIVER OF SERVICE Returned Executed JULIE SNIDER waiver sent on 11/15/2012, signed on 11/20/12. (RSF) (Entered: 12/06/2012)

WAIVER OF SERVICE Returned Executed RICHARD BROWN waiver sent on 11/15/2012, signed on 12/4/12. (RSF) (Entered: 12/06/2012)

WAIVER OF SERVICE Returned Executed DUSTY RUSSELL waiver sent on 11/15/2012, signed on 11/26/12. (RSF) (Entered: 12/06/2012)

WAIVER OF SERVICE Returned Executed BRUCE LEMMON waiver sent on 11/15/2012, signed on 12/11/12. (RSF) (Entered: 12/14/2012)

NOTICE of Appearance by Grant E. Helms on behalf of Defendants RICHARD BROWN, BEVERLY GILMORE, BRUCE LEMMON, DUSTY RUSSELL, JULIE SNIDER, JERRY SNYDER. (Helms, Grant) (Entered: 01/14/2013)

First MOTION for Extension of Time to February 11, 2013, filed by Defendants RICHARD BROWN, BEVERLY GILMORE, BRUCE LEMMON, DUSTY RUSSELL, JULIE SNIDER, JERRY SNYDER. (Attachments: # 1 Text of Proposed Order Granting Defendants' Mot. for Initial Extension of Time)(Helms, Grant) (Entered: 01/14/2013)

1 Text of Proposed Order Granting Defendants' Mot. for Initial Extension of T

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NOTICE of Appearance by David A. Arthur on behalf of Defendants RICHARD BROWN, BEVERLY GILMORE, BRUCE LEMMON, DUSTY RUSSELL, JULIE SNIDER, JERRY SNYDER. (Arthur, David) (Entered: 01/14/2013)

ORDER granting 24 Motion for Extension of Time to File response to complaint to 2/11/2013. (copy to plaintiff via US Mail) Signed by Judge Jane Magnus-Stinson on 1/15/2013. (SMD) (Entered: 01/15/2013)

Brief / SUPPLEMENTAL Complaint, filed by AARON ISBY-ISRAEL. (JKS) (Entered: 01/29/2013)

Defendants' ANSWER to 16 Amended Complaint And Affirmative Defenses, filed by RICHARD BROWN, BEVERLY GILMORE, BRUCE LEMMON, DUSTY RUSSELL, JULIE SNIDER, JERRY SNYDER.(Helms, Grant) (Entered: 02/11/2013)

MOTION to Strike Supplemental Complaint, filed by Defendants RICHARD BROWN, BEVERLY GILMORE, BRUCE LEMMON, DUSTY RUSSELL, JULIE SNIDER, JERRY SNYDER. (Helms, Grant) (Entered: 02/11/2013)

RESPONSE in Opposition re 29 MOTION to Strike Supplemental Complaint, filed by Plaintiff AARON ISBY-ISRAEL. (JKS) (Entered: 02/21/2013)

Entry Discussing Motion to Strike Supplemental Complaint - The defendants' motion to strike supplemental complaint 29 is granted. The operative pleading in this action remains the "second amended complaint" filed on September 24, 2012. Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 3/27/2013. (RSF) (Entered: 03/27/2013)

Entry Directing Further Proceedings - The defendants shall have through April 29, 2013, in which to either 1) file a dispositive motion in support of their affirmative defense that the plaintiff failed to exhaust his administrative remedies prior to filing this lawsuit, or 2) withdraw that affirmative defense. If such a motion is filed, the plaintiff shall have thirty (30) days in which to respond. The defendants shall then have fifteen (15) days in which to reply. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 3/27/2013.(RSF) (Entered: 03/27/2013)

RESPONSE / Objection to the Court's 31 Order on Motion to Strike Supplemental Complaint, filed by Plaintiff AARON ISBY-ISRAEL. (Attachments: # 1 Envelope)(JKS) (Entered: 04/10/2013)

1 Envelope

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Entry Directing Re-Issuance of Process - The clerk is designated, pursuant to Fed. R. Civ. P. 4(c)(3), to re-issue and serve process on defendants James Wynn, Stanley Knight, and Jack Hendrix in the manner specified by Fed. R. Civ. P. 4(d)(1). Process shall consist of the second amended complaint (docket 16), applicable forms and this Entry. Copies distributed pursuant to distribution list. Signed by Judge Jane Magnus-Stinson on 4/10/2013.(RSF) (Entered: 04/10/2013)

SECOND NOTICE of Lawsuit & Waiver Issued by Clerk, upon 1) James Wynn, 2) Stanley Knight, and 3) Jack Hendrix. (RSF) Modified on 4/10/2013 (RSF). (Entered: 04/10/2013)

WAIVER OF SERVICE Returned Executed JACK HENDRIX waiver sent on 4/10/2013, signed on 4/12/13. (RSF) (Entered: 04/16/2013)

MOTION For Relief From Order of Sua Sponte Dismissal and Improper Substitution of Amended Complaint, filed by Plaintiff AARON ISBY-ISRAEL. (Attachments: # 1 Envelope)(JKS) (Entered: 04/22/2013)

1 Envelope

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WAIVER OF SERVICE Returned Executed - STANLEY KNIGHT waiver sent on 4/10/2013, signed on 4/17/13. (RSF) (Entered: 04/22/2013)

NOTICE of Appearance by Grant E. Helms on behalf of Defendants RICHARD BROWN, BEVERLY GILMORE, JACK HENDRIX, STANLEY KNIGHT, BRUCE LEMMON, DUSTY RUSSELL, JULIE SNIDER, JERRY SNYDER, JAMES WYNN. (Helms, Grant) (Entered: 04/29/2013)

NOTICE of Withdrawal of Exhaustion Defense, filed by Defendants RICHARD BROWN, BEVERLY GILMORE, JACK HENDRIX, STANLEY KNIGHT, BRUCE LEMMON, DUSTY RUSSELL, JULIE SNIDER, JERRY SNYDER, JAMES WYNN (Helms, Grant) (Entered: 04/29/2013)

Entry Concerning Selected Matters - The plaintiff's request to vacate the ruling of March 27, 2013 [Dkt. 33], striking the supplemental complaint, is denied. Plaintiff's "motion for relief from order of sua sponte dismissal and improper substitution of amended complaint" [Dkt. 38] is denied. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 5/22/2013. (RSF)

ENTRY LIFTING PARTIAL STAY AND SETTING PRETRIAL SCHEDULE - The defendants have withdrawn their affirmative defense of failure to exhaust administrative remedies. The partial stay imposed on March 27, 2013, is lifted. Discovery due by 7/26/2013. (See Entry for additional dates and information.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 5/22/2013.(RSF) (Entered: 05/22/2013)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants STANLEY KNIGHT, BRUCE LEMMON. (Attachments: # 1 Text of Proposed Order)(Helms, Grant) (Entered: 06/14/2013)

1 Text of Proposed Order

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BRIEF/MEMORANDUM in Support re 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants STANLEY KNIGHT, BRUCE LEMMON. (Helms, Grant) (Entered: 06/14/2013)

MOTION to Stay Discovery, filed by Defendants STANLEY KNIGHT, BRUCE LEMMON. (Attachments: # 1 Text of Proposed Order)(Helms, Grant) (Entered: 06/14/2013)

1 Text of Proposed Order

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Entry Concerning Selected Matters - The motion to stay discovery filed by defendants Lemmon and Knight [dkt. 45] is granted to the extent that discovery is stayed as to them until a ruling is made on the motion to dismiss. The plaintiff shall have through July 15, 2013, in which to respond to the motion to dismiss filed by defendants Lemmon and Knight. Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 6/20/2013. (RSF) (Entered: 06/20/2013)

MOTION for Clarification, filed by Plaintiff AARON ISBY-ISRAEL. (Attachments: # 1 Envelope)(JD) (Entered: 06/24/2013)

1 Envelope

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Entry Concerning Objection to E-Filing Program - The plaintiff's motion for clarification [dkt. 47] is granted to the extent that the Court has confirmed that plaintiff's participation in the E-Filing Program is mandatory and is denied to the extent that his objection to the E-Filing Program is overruled. Additionally, the Court finds nothing in the plaintiff's objection that would support an exception to his participation. The clerk shall also docket this Entry in 1:13-mc-0056-RLY. Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 6/26/2013. (RSF) (Entered: 06/26/2013)

MOTION for Leave to File AMENDED COMPLAINT, filed by Plaintiff AARON ISBY-ISRAEL. (Attachments: # 1 Amended Complaint, # 2 Envelope)(JKS) (Entered: 06/27/2013)

1 Amended Complaint

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2 Envelope

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Correspondence REQUESTING COPY of Motion for Leave and Amended Complaint, filed by AARON ISBY-ISRAEL. Copy/Copies provided via US Mail. (Attachments: # 1 Envelope) (JKS) (Entered: 06/27/2013)

1 Envelope

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Entry Concerning Selected Matters - The unopposed motion to dismiss for failure to state a claim upon which relief can be granted filed by defendants Lemmon and Knight [dkt. 43] is granted for the reasons set forth in the motion. The plaintiff's motion for leave to file a third amended complaint [dkt. 49] is denied. The plaintiff's motion for leave to file a third amended complaint [dkt. 49] is denied. The deadline to file dispositive motions is extended through September 23, 2013. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 7/30/2013. (RSF) (Entered: 07/31/2013)

MOTION for Summary Judgment, filed by Defendants RICHARD BROWN, BEVERLY GILMORE, JACK HENDRIX, DUSTY RUSSELL, JULIE SNIDER, JERRY SNYDER, JAMES WYNN. (Attachments: # 1 Affidavit Beverley Gilmore, # 2 OIS Conduct Summary)(Helms, Grant) (Entered: 09/23/2013)

1 Affidavit Beverley Gilmore

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2 OIS Conduct Summary

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BRIEF/MEMORANDUM in Support re 52 MOTION for Summary Judgment, filed by Defendants RICHARD BROWN, BEVERLY GILMORE, JACK HENDRIX, DUSTY RUSSELL, JULIE SNIDER, JERRY SNYDER, JAMES WYNN. (Helms, Grant) (Entered: 09/23/2013)

NOTICE of LR 56-1 Summary Judgment Practice, filed by Defendants RICHARD BROWN, BEVERLY GILMORE, JACK HENDRIX, DUSTY RUSSELL, JULIE SNIDER, JERRY SNYDER, JAMES WYNN (Helms, Grant) (Entered: 09/23/2013)

Statement of Disputed and Undisputed Material Facts re 52 MOTION for Summary Judgment, filed by Plaintiff AARON ISBY-ISRAEL c/s. (MAC) (Entered: 10/11/2013)

RESPONSE (Motion) in Opposition re 52 MOTION for Summary Judgment, filed by Plaintiff AARON ISBY-ISRAEL c/s. (MAC) (Entered: 10/11/2013)

MEMORANDUM of Law in support of RESPONSE in Opposition re 52 MOTION for Summary Judgment, filed by Plaintiff AARON ISBY-ISRAEL c/s. (MAC) (Entered: 10/11/2013)

AFFIDAVIT in Support of Response in Opposition to Motion re 52 MOTION for Summary Judgment, filed by Plaintiff AARON ISBY-ISRAEL. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(MAC) (Entered: 10/11/2013)

1 Exhibit A

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2 Exhibit B

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REPLY in Support of Motion re 52 MOTION for Summary Judgment, filed by Defendants RICHARD BROWN, BEVERLY GILMORE, JACK HENDRIX, DUSTY RUSSELL, JULIE SNIDER, JERRY SNYDER, JAMES WYNN. (Helms, Grant) (Entered: 10/24/2013)

Surreply c/s re 52 MOTION for Summary Judgment, filed by Plaintiff AARON ISBY-ISRAEL. (DW) (Entered: 10/31/2013)

MOTION to Disqualify Presiding Judge c/s, filed by Plaintiff AARON ISBY-ISRAEL. (DW) (Entered: 11/07/2013)

ENTRY - denying 61 Motion to disqualify judge because there is no basis for recusal from this case. The clerk shall include a copy of the docket sheet with the plaintiff's copy of this Entry. The docket reflects that the plaintiff's surreply was filed on October 31, 2013. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 11/14/2013. (RSF) (Entered: 11/14/2013)

MOTION to Withdraw Attorney Appearance, filed by Defendants RICHARD BROWN, BEVERLY GILMORE, JACK HENDRIX, STANLEY KNIGHT, BRUCE LEMMON, DUSTY RUSSELL, JULIE SNIDER, JERRY SNYDER, JAMES WYNN. (Attachments: # 1 Text of Proposed Order)(Helms, Grant) (Entered: 05/16/2014)

1 Text of Proposed Order

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ORDER granting 63 Motion to Withdraw Attorney Appearance. Attorney Grant E. Helms withdrawn. Signed by Magistrate Judge Mark J. Dinsmore on 5/19/2014. Copy to Plaintiff via U.S. Mail. (NMT) (Entered: 05/19/2014)

Entry Granting Defendants' Motion for Summary Judgment and Directing Further Proceedings - For the reasons explained in this Entry, the defendants' motion for summary judgment on the plaintiff's due process claim [dkt. 52] is grante d. No partial final judgment shall issue at this time. This ruling leaves pending the Eighth Amendment claim. The parties shall have through July 23, 2014, in which to propose a schedule for resolving this matter, whether by settlement, trial or further dispositive motion. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 6/24/2014. (RSF)

ENTRY DIRECTING PLAINTIFF TO SHOW CAUSE - In the Entry of June 24, 2014, the parties were given a July 23, 2014, deadline to propose a schedule for resolving the remaining Eighth Amendment claim in this action. Neither party has complied with this directive. The plaintiff shall have through August 19, 2014, in which to show cause why the Court should not dismiss the Eighth Amendment claim as having been abandoned. Failure to show cause will result in the dismissal of the action with prejudice and the issuance of final judgment consistent with the 65 Entry of June 24, 2014, granting summary judgment to the defendants on the plaintiff's due process claim. Copy mailed via US Mail. Signed by Judge Jane Magnus-Stinson on 8/5/2014. (ADH) (Entered: 08/05/2014)

MOTION to Show Cause, filed by Plaintiff AARON ISBY-ISRAEL. (DW) (Entered: 08/12/2014)

MOTION for Clerk's Entry of Default, filed by Plaintiff AARON ISBY-ISRAEL. (Attachments: # 1 Affidavit for Entry of Default)(DW) (Entered: 08/12/2014)

1 Affidavit for Entry of Default

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MOTION to Show Cause, filed by Plaintiff AARON ISBY-ISRAEL. (JKS) (Entered: 08/14/2014)

ENTRY - The plaintiff has responded to the order to show cause issued on August 5, 2014. The plaintiff has not abandoned his Eighth Amendment claim. The plaintiff's 67 motion to show cause is granted to the extent that the order to show cause is discharged. the plaintiff's 68 motion for entry of default is denied because the defendants are not in default. Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 8/14/2014. (ADH) (Entered: 08/14/2014)

***PLEASE DISREGARD - DISCHARGED AT 74 *** ENTRY DIRECTING DEFENDANTS TO SHOW CAUSE AND COMPLY WITH COURT ORDER - In the Entry of June 24, 2014, the parties were given through July 23, 2014, in which to propose a schedule for resolving the remaining Eighth Amendment claim. No party responded to the Court's order. The plaintiff has explained that he received the Entry of June 24, 2014, after the deadline had passed. The defendants have neither complied with the Entry nor provided an explanation for that failure. The defendants shall now have through August 20, 2014, in which to 1) show cause why they have failed to comply with the June 24, 2014, Entry, and 2) comply with the directions in Part IV. B. of the June 24, 2014, Entry. Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 8/14/2014. (ADH) Modified on 8/22/2014 (RSF). (Entered: 08/14/2014)

ORDER denying Plaintiff's 69 Motion. The plaintiff's second motion to show cause, filed on August 14, 2014, is denied as duplicative of the motion he filed on August 11, 2014. Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 8/14/2014. (ADH) (Entered: 08/15/2014)

RESPONSE to court's order to show cause and for proposed schedule for resolving this matter, re 71 Order to Show Cause, filed by Defendants RICHARD BROWN, BEVERLY GILMORE, JACK HENDRIX, DUSTY RUSSELL, JULIE SNIDER, JERRY SNYDER, JAMES WYNN. (Arthur, David) (Entered: 08/19/2014)

ENTRY - The defendants' order to show cause is discharged. The defendants shall have additional time, through October 7, 2014, in which to take the plaintiff's deposition. The defendants shall then have through November 26, 2014, in which to file an additional motion for summary judgment addressing the plaintiff's claim of deliberate indifference under the Eighth Amendment to the Constitution. No enlargements of these deadlines will be granted absent extraordinary circumstances. Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 8/22/2014.(RSF) (Entered: 08/22/2014)

MOTION FOR LEAVE TO DEPOSE DEFENDANTS, filed by Plaintiff AARON ISBY-ISRAEL. c/s. (ADH) (Main Document 75 replaced on 9/2/2014) (ADH). (Entered: 09/02/2014)

ENTRY - The defendants shall have through September 16, 2014, in which to respond to the plaintiff's motion to depose defendants. Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 9/8/2014. (ADH) (Entered: 09/08/2014)

NOTICE of Appearance by David A. Arthur on behalf of Defendants JACK HENDRIX, JAMES WYNN. (Arthur, David) (Entered: 09/15/2014)

MOTION for Extension of Time to file answer to second amended complaint, filed by Defendants JACK HENDRIX, JAMES WYNN. (Attachments: # 1 Exhibit Proposed Answer, # 2 Text of Proposed Order)(Arthur, David) (Entered: 09/15/2014)

1 Exhibit Proposed Answer

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2 Text of Proposed Order

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RESPONSE in Opposition re 75 MOTION to depose defendants, filed by Defendants RICHARD BROWN, BEVERLY GILMORE, JACK HENDRIX, DUSTY RUSSELL, JULIE SNIDER, JERRY SNYDER, JAMES WYNN. (Arthur, David) (Entered: 09/15/2014)

ORDER granting Defendants' 78 Motion for Extension of Time. Wynn and Hendrix may file and serve a signed and dated version of the answer tendered with their motion within 10 days of the date of this order. Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 9/16/2014. (AH) (Entered: 09/16/2014)

ORDER denying Plaintiff's 75 Motion for Leave to Depose Defendants. The plaintiff has not explained why his written interrogatories were insufficient to obtain needed information or why he could not have served requests for admissions unde r Rule 36 of the Federal Rules of Civil Procedure. Accordingly, the plaintiff's motion for leave to depose defendants is denied to the extent he seeks leave to take depositions without having to incur the costs. Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 9/16/2014. (AH) (Main Document 81 replaced on 9/16/2014) (AH).

ANSWER to 16 Amended Complaint, filed by JACK HENDRIX, JAMES WYNN.(Arthur, David) (Entered: 09/16/2014)

MOTION in Opposition to Belated Answer of Defendants WYNN and HENDRIX, filed by Plaintiff AARON ISBY-ISRAEL. c/s. (AH) (Entered: 09/19/2014)

ENTRY - The plaintiff's motion in opposition to the belated answer filed by defendants Hendrix and Wynn seeks a default judgment. Although the Court acknowledges the plaintiff's objection to the late answer, no prejudice has resulted and the defendants are not in default. Accordingly, the plaintiff's objection is overruled and his motion for a default judgment [dkt. 83] is denied. Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 9/23/2014. (RSF) (Entered: 09/23/2014)

MOTION to take Judicial Notice, filed by Plaintiff AARON ISBY-ISRAEL. c/s. (AH) (Entered: 09/23/2014)

ENTRY - denying 85 Motion to take judicial notice. It is not the plaintiff's nor the Court's decision to make as to whether defendant Gilmore shall remain represented by the Indiana Attorney General's office. Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 9/24/2014. (RSF) (Entered: 09/24/2014)

MOTION to Appoint Counsel to take Deposition of the Defendants, filed by Plaintiff AARON ISBY-ISRAEL. c/s. (AH) (Entered: 10/09/2014)

ENTRY - denying 87 plaintiff's motion to appoint counsel to take depositions of the defendants, filed on October 9, 2014, has been considered. [Dkt. 87.] The plaintiff's earlier motion to take depositions without incurring the costs thereof was denied in the Entry of September 16, 2014. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 10/17/2014. (RSF) (Entered: 10/17/2014)

NOTICE that no summary judgment motion will be filed, filed by Defendants RICHARD BROWN, BEVERLY GILMORE, JACK HENDRIX, BRUCE LEMMON, DUSTY RUSSELL, JULIE SNIDER, JERRY SNYDER, JAMES WYNN (Arthur, David) (Entered: 11/26/2014)

TRIAL SETTING AND NOTICE OF FINAL PRETRIAL CONFERENCE - Final Pretrial Conference set for 6/26/2015 at 9:00 AM in room #307, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus-Stinson. Jury Trial set for 7/27/2015 at 9:00 AM in room #307, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus-Stinson. Parties are further reminded to review the undersigned's Practices and Procedures, available on the internet at http://www.insd.uscourts.gov/sites/insd/files/Courtroom%20Procedures%20JMS.pdf.Signed by Judge Jane Magnus-Stinson on 1/7/2015.(RSF) Modified on 1/8/2015 - copy to plaintiff via US Mail (RSF). (Entered: 01/07/2015)

Entry Requesting Appearance of Counsel Pursuant to Local Rule 4-6 - Mr. Kenneth T. Roberts is requested to represent the plaintiff in the above action. This representation shall continue until final judgment is entered unless otherwise modified by written order. The Court requests that Mr. Roberts enter his appearance at his earliest convenience. Copies sent pursuant to distribution list via US Mail. Signed by Judge Jane Magnus-Stinson on 1/14/2015. (AH) (Entered: 01/14/2015)

NOTICE of Appearance by Kenneth T. Roberts on behalf of Plaintiff AARON ISBY-ISRAEL. (Roberts, Kenneth) (Entered: 01/21/2015)

NOTICE of Appearance by Adam Lenkowsky on behalf of Plaintiff AARON ISBY-ISRAEL. (Lenkowsky, Adam) (Entered: 01/21/2015)

SCHEDULING ORDER: Settlement Conference set for 5/11/2015 at 09:00 AM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. **SEE ORDER FOR DETAILS** Signed by Magistrate Judge Mark J. Dinsmore on 1/22/2015. (AH) (Entered: 01/23/2015)

MOTION for Temporary Restraining Order, filed by Plaintiff AARON ISBY-ISRAEL. (RSF) (Entered: 03/11/2015)

MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction, filed Pro Se by Plaintiff AARON ISBY-ISRAEL. (AH) (Entered: 03/16/2015)

ORDER denying 95 Motion for Emergency Temporary Restraining Order and Injunction. The plaintiff's motion for emergency temporary restraining order and injunction [dkt. 95] is denied because he has not shown that he will experience irreparable harm without a preliminary injunction. Finally, the plaintiff is now represented by counsel, who was recruited at his request, and he should direct future concerns through counsel. Future pro se filings may be stricken. **SEE ORDER** Copy sent to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 3/16/2015. (AH) Modified on 3/17/2015 (AH). (Entered: 03/17/2015)

ORDER denying 96 Motion for TRO and denying 96 Motion for Preliminary Injunction. The plaintiff has shown no irreparable harm and he has not shown that he is likely to succeed on the merits. Such claims do not belong in this action. It is even doubtful whether the mail at issue constitutes legal mail. Petitioner is reminded he is represented by counsel and any future pro se filings may be stricken. Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 3/17/2015. (AH) (Entered: 03/17/2015)

ORDER to Make Inmate Available - ORDERED to make Aaron Isby-Israel available to participate in a telephonic settlement conference at the time and date specified in this Order. Wabash Valley Correctional Facility has provided the call-in number to the Court. Inmate: Aaron Isby-Israel DOC # 892219 Date: May 11, 2015 Time: 9:00 a.m. [EST] Expected Duration of Court Proceeding: 3 hours. Copy sent pursuant to distribution list. Signed by Magistrate Judge Mark J. Dinsmore on 3/17/2015.(AH) (Entered: 03/18/2015)

**RESCINDED PER 107 ** SCHEDULING ORDER: Final Pretrial Conference set for 6/26/2015 at 09:00 AM in room #307, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus-Stinson. **SEE ORDER FOR IMPORTANT DETAILS** Signed by Judge Jane Magnus-Stinson on 4/17/2015. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(AH) Modified on 6/1/2015 (AH). (Entered: 04/17/2015)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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