HOLLAND v. CORIZON CORPORATION et al
| JOHN M. HOLLAND |
| D. ALLEN, JOHN B. CLARKSON, CORIZON CORPORATION, M. GADBERRY, K. GRAY, MARTY HALE, JACQUES LACHERA, B. LOVERIDGE, MICHAEL MITCHELL, TERESA ROBERTSON, RIOS DO ROLANDO, SHARON WILKS, CHRIS WILLIAMS and LISA WOLFE |
| 1:2014cv01442 |
| September 3, 2014 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Denise K. LaRue |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
47
ORDER granting in part and denying in part Defendant's 38 Motion for Summary Judgment and Directing further proceedings. As to the claims asserted against defendants Nurse Gray and Nurse Wolfe, the motion for summary judgment [dkt. 38] is granted. No partial final judgment shall issue at this time as to the claims dismissed against those defendants. As to the claims asserted against defendants Corizon, Dr. LeClerc, Dr. Rios, and Dr. Mitcheff, the motion for summary judgment [dkt. 3 8] is denied for the reasons set forth in this Entry. The Magistrate Judge is requested to set this matter for a status conference to discuss and direct the further development of this action. Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 4/12/2016. (MAC)
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Filing
6
Entry Discussing Complaint, Dismissing Insufficient Claims, and Discussing Severance of Claims - To the extent Mr. Holland seeks relief directly under the Fourteenth Amendment, such claims are DISMISSED for failure to state a claim upon which relie f can be granted. The clerk shall TERMINATE from the docket defendants M. Gadberry, LPN Sharon Wilks, nurse Teresa Robertson, Dr. Rios Do. Rolando, Dr. John B. Clarkson, Chris Williams, and Marty Hale. In addition, any Fourteenth Amendment claim is dismissed. No partial final judgment shall issue as to the dismissal of these claims. The Court discerns that the principal claims in this action are asserted against the two statewide defendants and the Wabash Valley defendants. Mr. Holland all eges that Dr. Mitcheff and Corizon Corporation had a policy of denying prisoner pain medications. He also alleges that Dr. Leclerc and Nurses Gray and Wolfe were aware of Mr. Holland's foot pain but failed to provide him with pain medication, crutches, or splints. These claims SHALL PROCEED in this action. The clerk is designated pursuant to Fed. R. Civ. P. 4(c) to issue process to defendants Dr. Mitcheff, Corizon Corporation, Dr. Jacques Leclerc, Kim Gray, and Lisa Wolfe in the man ner specified by Rule 4(d). Process shall consist of the complaint filed on September 3, 2014 (docket 1), the attachments thereto, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. The clerk shall update the docket to reflect the spelling of the names, Dr. Jacques Leclerc and Dr. Michael Mitcheff. As discussed above, the other claims asserted in the complaint are misjoined. The plaintiff shall have through Nove mber 14, 2014, in which to notify the Court whether he wishes the Court to sever any claim(s) against New Castle defendants nurse D. Allen and/or Dr. B. Loveridge into a new action, and if so, he shall identify which claims against which defendant s. If the plaintiff fails to so notify the Court, the misjoined claims will be considered abandoned and will be dismissed without prejudice. **SEE ENTRY** Copies sent pursuant to distribution list. Signed by Judge Jane Magnus-Stinson on 10/15/2014. (AH)
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