Downes v. Wexford Health Sources, Inc. et al (INMATE 1)
| James R. Downes |
| P. A. Driggers, Alabama Department of Corrections, Wexford Health Sources, Inc., Dr. Wilson, Walter Myers and Dr. Hood |
| 2:2019cv00469 |
| July 2, 2019 |
| US District Court for the Middle District of Alabama |
| Charles S Coody |
| Myron H Thompson |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on July 29, 2022. A more recent docket listing may be available from PACER.
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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, )
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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, )
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Filing 41
Special Report to Inmate 1983 Complaint by Alabama Department of Corrections, Walter Myers. (Attachments: #1 Affidavit Warden Walter Myers)(Piggott, Philip)
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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, )
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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)
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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)
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Filing 37
Corporate/Conflict Disclosure Statement by P. A. Driggers. (Piggott, Philip)
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Filing 36
Corporate/Conflict Disclosure Statement by Alabama Department of Corrections. (Piggott, Philip)
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Filing 35
Corporate/Conflict Disclosure Statement by Dr. Hood. (Piggott, Philip)
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Filing 34
Corporate/Conflict Disclosure Statement by Dr. Wilson. (Piggott, Philip)
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Filing 33
Corporate/Conflict Disclosure Statement by Walter Myers. (Piggott, Philip)
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Filing 32
Corporate/Conflict Disclosure Statement by Wexford Health Sources, Inc.. (Piggott, Philip)
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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)
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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, )
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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, )
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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, )
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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, )
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Filing 27
ANSWER to Complaint by Alabama Department of Corrections, Walter Myers.(Piggott, Philip)
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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)
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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, )
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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, )
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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, ).
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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, )
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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, )
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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, ).
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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, )
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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, ).
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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Filing 9
Civil Filing fee received: $ 400.00, receipt number 4602054389 (kh, )
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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, )
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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, )
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Filing 6
Application to Proceed Without Prepayment of Fees and Affidavit by James R. Downes. (Attachments: #1 Supporting Documents)(dmn, )
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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, )
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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, )
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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, )
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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, )
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Emergency MOTION for Preliminary Injunction by James R. Downes. (dmn, ) (NO PDF, see Doc #2 for pdf.)
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Filing 2
MOTION for Temporary Restraining Order by James R. Downes. (es, )
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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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