Downes v. Wexford Health Sources, Inc. et al (INMATE 1)
Plaintiff: James R. Downes
Defendant: P. A. Driggers, Alabama Department of Corrections, Wexford Health Sources, Inc., Dr. Wilson, Walter Myers and Dr. Hood
Case Number: 2:2019cv00469
Filed: July 2, 2019
Court: US District Court for the Middle District of Alabama
Presiding Judge: Charles S Coody
Referring Judge: Myron H Thompson
Nature of Suit: Habeas Corpus (Prison Condition)
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 21, 2019 Opinion or Order Filing 43 RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. The motions for preliminary injunction (Docs. #2 , #20 ) filed by Downes be DENIED. 2. This case be referred back to the undersigned for additional proceedings. Objections to R&R due by 9/4/2019. Signed by Honorable Judge Charles S. Coody on 8/21/2019. (dmn, )
August 21, 2019 Opinion or Order Filing 42 ORDER: The Magistrate Judge has reviewed the special reports and supporting evidentiary materials filed by the defendants and determined that the plaintiff should file a response in opposition to each of the arguments set forth in these documents. It is ORDERED that on or before 9/10/2019 the plaintiff shall file a response to the reports filed by the defendants addressing each of the arguments/defenses raised therein as further set out in the order. Signed by Honorable Judge Charles S. Coody on 8/21/2019. (dmn, )
August 20, 2019 Opinion or Order Filing 41 Special Report to Inmate 1983 Complaint by Alabama Department of Corrections, Walter Myers. (Attachments: #1 Affidavit Warden Walter Myers)(Piggott, Philip)
August 19, 2019 Opinion or Order Filing 40 Return Receipt Card showing service of #2 Motion for TRO, #20 Motion, and #24 Order signed by Pzur (name illegible) for Wexford Health Sources, Inc. served 8/16/2019. (dmn, )
August 19, 2019 Opinion or Order Filing 39 RESPONSE in Opposition re MOTION for Preliminary Injunction, #20 MOTION filed by P. A. Driggers, Dr. Hood, Wexford Health Sources, Inc., Dr. Wilson. (Attachments: #1 Affidavit Dr. Philip Wilson)(Piggott, Philip)
August 19, 2019 Opinion or Order Filing 38 Special Report to Inmate 1983 Complaint by P. A. Driggers, Dr. Hood, Wexford Health Sources, Inc., Dr. Wilson. (Attachments: #1 Affidavit Dr. Philip Wilson, #2 Exhibit Redacted Medical Records)(Piggott, Philip)
August 16, 2019 Opinion or Order Filing 37 Corporate/Conflict Disclosure Statement by P. A. Driggers. (Piggott, Philip)
August 16, 2019 Opinion or Order Filing 36 Corporate/Conflict Disclosure Statement by Alabama Department of Corrections. (Piggott, Philip)
August 16, 2019 Opinion or Order Filing 35 Corporate/Conflict Disclosure Statement by Dr. Hood. (Piggott, Philip)
August 16, 2019 Opinion or Order Filing 34 Corporate/Conflict Disclosure Statement by Dr. Wilson. (Piggott, Philip)
August 16, 2019 Opinion or Order Filing 33 Corporate/Conflict Disclosure Statement by Walter Myers. (Piggott, Philip)
August 16, 2019 Opinion or Order Filing 32 Corporate/Conflict Disclosure Statement by Wexford Health Sources, Inc.. (Piggott, Philip)
August 16, 2019 Opinion or Order AO FORM 85 mailed to counsel for Alabama Department of Corrections, P. A. Driggers, Dr. Hood, Walter Myers, Wexford Health Sources, Inc., Dr. Wilson. (dmn, ) (NO PDF)
August 15, 2019 Opinion or Order Filing 31 Return Receipt Card showing service of #2 Motion, #20 Motion, and #24 Order signed by Sharon Blakely for Dr. Wilson served on 8/14/2019. (dmn, )
August 15, 2019 Opinion or Order Filing 30 Return Receipt Card showing service of #2 Motion, #20 Motion, and #24 Order signed by Sharon Blakely for Walter Myers served on 8/14/2019. (dmn, )
August 15, 2019 Opinion or Order Filing 29 Return Receipt Card showing service of #2 Motion, #20 Motion, and #24 Order signed by Sharon Blakely for P. A. Driggers served on 8/14/2019. (dmn, )
August 15, 2019 Opinion or Order Filing 28 Return Receipt Card showing service of #2 and #20 Motions and #24 Order signed by Sharon Blakely for Dr. Hood served on 8/14/2019. (kh, )
August 15, 2019 Opinion or Order Filing 27 ANSWER to Complaint by Alabama Department of Corrections, Walter Myers.(Piggott, Philip)
August 15, 2019 Opinion or Order Filing 26 Defendants ANSWER to Complaint of Wexford Health Sources, Inc., Hugh Hood, M.D., Philip Wilson, M.D. and Laura E. Driggers, CRNP by P. A. Driggers, Dr. Hood, Wexford Health Sources, Inc., Dr. Wilson.(Piggott, Philip)
August 13, 2019 Opinion or Order Filing 25 ORDERED that the order entered on August 13, 2019 (Doc. #23 ) addressing the same matters be and is hereby VACATED. Signed by Honorable Judge Charles S. Coody on 8/13/2019. (kh, )
August 13, 2019 Opinion or Order Filing 24 ORDERED that on or before September 5, 2019 the medical defendants shall show cause why these #2 and #20 motions should not be granted. It is further ORDERED that the medical defendants shall submit affidavits and any relevant medical records in support of their response to the plaintiffs motion for preliminary injunction. The Clerk is DIRECTED to serve a copy of this order and the emergency motions for preliminary injunctive relief on the medical defendants and to furnish a copy of the same to Counsel for Wexford Health Services, Inc. Signed by Honorable Judge Charles S. Coody on 8/13/2019. (kh, )
August 13, 2019 Opinion or Order Filing 23 (VACATED PURSUANT TO THE COURT'S #25 ORDER) ORDER TO FILE SPECIAL REPORT AND ANSWER on or before September 23, 2019; copies mailed to plaintiff; mailed by CMRRR with complaint to named defendants, General Counsel for the Alabama Department of Corrections and General Counsel for Wexford Health Sources, Inc. Signed by Honorable Judge Charles S. Coody on 8/13/2019. (kh, ) Modified on 8/13/2019 (kh, ).
August 12, 2019 Opinion or Order Filing 22 ORDER: It is ORDERED that plaintiffs second motion for emergency injunctive relief (doc. no. #20 ) is denied to the extent it constitutes a motion for temporary restraining order. Signed by Honorable Judge Myron H. Thompson on 8/12/2019. (dmn, )
August 8, 2019 Opinion or Order Filing 21 NOTICE of Correction re #20 MOTION to add the main PDF document previously omitted in error (Attachments: #1 Corrected main document to docket entry #20 )(djy, )
August 8, 2019 Opinion or Order Filing 20 MOTION for emergency injunctive relief filed by James R. Downes (djy, ). Modified on 8/8/2019 to clarify text to remove erroneous docket text (qc/djy, ).
August 8, 2019 Opinion or Order Filing 19 ORDER ON MOTION construing #18 Motion for Leave to amend the complaint as a motion for leave to file a second motion for emergency injunctive relief; granting #18 Motion for Leave to File; directing the clerk to identify the motion to amend complaint for emergency injunctive relief contained in Doc #18 -1 as a motion for emergency injunctive relief. Signed by Honorable Judge Charles S. Coody on 8/8/19. (djy, )
August 8, 2019 Opinion or Order Filing 18 MOTION for Leave of Court to Amend Complaint for Emergency Injunctive Relief by James R. Downes. (Attachments: #1 Motion to Amend Complaint for Emergency Injunctive Relief)(dmn, ) Modified on 8/8/2019 to clarify text to reflect as construed as a motion for leave to file a second motion for emergency injunctive relief pursuant to #19 order (qc/djy, ).
August 8, 2019 Opinion or Order Filing 17 Return Receipt Card showing service of #1 Inmate 1983 complaint and #10 Order signed by Joe Ebbitt for Wexford Health Sources, Inc. served on 8/5/2019, answer due 9/11/2019. (dmn, )
August 8, 2019 Opinion or Order Filing 16 Return Receipt Card showing service of #1 Inmate 1983 complaint and #10 Order signed by Kristi Simpson for DOC General Counsel served on 8/6/2019, Alabama Department of Corrections answer due 9/11/2019. (dmn, )
August 6, 2019 Opinion or Order Filing 15 Return Receipt Card showing service of #1 Inmate 1983 complaint and #10 Order signed by Sharon Blakely for Dr. Wilson served on 8/5/2019, answer due 9/11/2019. (dmn, )
August 6, 2019 Opinion or Order Filing 14 Return Receipt Card showing service of #1 Inmate 1983 complaint and #10 Order signed by Sharon Blakely for Walter Myers served on 8/5/2019, answer due 9/11/2019. (dmn, )
August 6, 2019 Opinion or Order Filing 13 Return Receipt Card showing service of #1 Inmate 1983 complaint and #10 Order signed by Sharon Blakely for Dr. Hood served on 8/5/2019, answer due 9/11/2019. (dmn, )
August 6, 2019 Opinion or Order Filing 12 Return Receipt Card showing service of #1 Inmate 1983 complaint and #10 Order signed by Sharon Blakely for P. A. Driggers served on 8/5/2019, answer due 9/11/2019. (dmn, )
August 1, 2019 Opinion or Order Filing 11 ORDER ON MOTION directing except to the extent the plaintiff has paid the applicable filing and administrative fees the #6 motion for leave to proceed in forma pauperis is GRANTED. Signed by Honorable Judge Charles S. Coody on 8/1/19. (djy, )
August 1, 2019 Opinion or Order Filing 10 ORDER TO FILE SPECIAL REPORT AND ANSWER on or before September 11, 2019; copies mailed to plaintiff; mailed by CMRRR with complaint to named defendants, General Counsel for the Alabama Department of Corrections and General Counsel for Wexford Health Sources, Inc. Signed by Honorable Judge Charles S. Coody on 8/1/2019. (kh, )
July 31, 2019 Opinion or Order Filing 9 Civil Filing fee received: $ 400.00, receipt number 4602054389 (kh, )
July 23, 2019 Opinion or Order Filing 8 ORDER that the plaintiff's #6 Renewed Motion for a temporary restraining order is denied. Signed by Honorable Judge Myron H. Thompson on 7/23/2019. (dmn, )
July 22, 2019 Opinion or Order Filing 7 ORDER: On 7/19/2019, the plaintiff filed an application and supporting information in which he advises court of the ability to make payment of the $400.00 filing and administrative fees and that payment of such fees has been made to the court. However, payment of these fees was by personal check, a form of payment not accepted by the court. Accordingly, it is ORDERED that the plaintiff is GRANTED an extension to 8/15/2019 to submit payment of the filing/administrative fees in a form acceptable by the court. Acceptable forms of payment are a cashier's check, money order, or cash paid in person by hand delivery to the Clerk's office. Signed by Honorable Judge Charles S. Coody on 7/22/2019. Furnished to cashier. (dmn, )
July 19, 2019 Opinion or Order Filing 6 Application to Proceed Without Prepayment of Fees and Affidavit by James R. Downes. (Attachments: #1 Supporting Documents)(dmn, )
July 19, 2019 Opinion or Order RENEWED MOTION for Temporary Restraining Order by James R. Downes. (dmn, ) (NO PDF, see Doc. #6 -1 at 1.) Modified on 7/23/2019 to include "renewed." (dmn, )
July 3, 2019 Opinion or Order Filing 5 ORDER: Upon review of the #2 Motion for Preliminary Injunction filed hereby by the plaintiff on 7/2/2019, in which the plaintiff requests that this court order the defendants to refer him to a free world neurosurgeon for treatment, it is ORDERED that on or before 7/23/2019 the defendants shall SHOW CAUSE as to why the motion should not be granted. It is further ORDERED that defendants shall submit affidavits and any relevant medical records in support of their resposne to the plaintiff's motion for preliminary injunction. Signed by Honorable Judge Charles S. Coody on 7/3/2019. (dmn, )
July 3, 2019 Opinion or Order Filing 4 ORDER that plaintiff's #2 Motion for a temporary restraining order is denied. Signed by Honorable Judge Myron H. Thompson on 7/3/2019. (dmn, )
July 3, 2019 Opinion or Order Filing 3 ORDER that on or before 7/23/2019 the plaintiff shall file either the appropriate affidavit in support of a motion for leave to proceed in forma pauperis accompanied by a prison account statement from the account clerk at Easterling as further set out in the order or, if he does not seek in forma pauperis treatement, the $400 filing/administrative fees. To aid the plaintiff in complying with this order, the CLERK is DIRECTED to furnish him with a copy of the form affidavit used by persons seeking to proceed in forma pauperis before this court. Signed by Honorable Judge Charles S. Coody on 7/3/2019. Copy with IFP form mailed as to plaintiff as directed.(dmn, )
July 2, 2019 Opinion or Order Emergency MOTION for Preliminary Injunction by James R. Downes. (dmn, ) (NO PDF, see Doc #2 for pdf.)
July 2, 2019 Opinion or Order Filing 2 MOTION for Temporary Restraining Order by James R. Downes. (es, )
July 2, 2019 Opinion or Order Filing 1 Inmate 1983 COMPLAINT against Alabama Department of Corrections, P. A. Driggers, Dr. Hood, Walter Myers, Wexford Health Sources, Inc., Dr. Wilson, filed by James R. Downes. (NO IFP; NO FILING FEE)(es, )

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Defendant: P. A. Driggers
Represented By: Philip Piggott
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Defendant: Alabama Department of Corrections
Represented By: Philip Piggott
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Defendant: Wexford Health Sources, Inc.
Represented By: Philip Piggott
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Defendant: Dr. Wilson
Represented By: Philip Piggott
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Defendant: Walter Myers
Represented By: Philip Piggott
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Defendant: Dr. Hood
Represented By: Philip Piggott
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Plaintiff: James R. Downes
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