Kister v. Borowicz et al (INMATE 2)
| John Andrew Kister |
| James Prescott, G. Anthony, Wexford Health Sources, Inc., Dr. Banergee, Nurse Benson, Darryl Ellis and Michael Borowicz |
| 2:2020cv00253 |
| April 14, 2020 |
| US District Court for the Middle District of Alabama |
| Stephen Michael Doyle |
| William Keith Watkins |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 5, 2023. A more recent docket listing may be available from PACER.
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Filing 47
RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1) The #4 motion for preliminary injunction be DENIED; 2) This case be referred to the undersigned for additional proceedings; Objections to R&R due by 6/26/2020. Signed by Honorable Judge Stephen Michael Doyle on 6/12/2020. (bes, )
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Filing 46
ORDER: it is ORDERED that on or before 7/1/2020, Plf shall file a response to the special reports (Docs. #21 , #44 ), as further set out in order. Signed by Honorable Judge Stephen Michael Doyle on 6/10/2020. (cwl, )
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Filing 45
Initial Partial Filing Fee Received: $63.00, receipt number 4602058174. (bes, )
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Filing 44
SPECIAL REPORT to #19 Amendment to Complaint, by G. Anthony, Dr. Banergee, Nurse Benson, Michael Borowicz, Darryl Ellis, James Prescott, Wexford Health Sources, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Piggott, Philip) Modified on 6/4/2020 to clarify text to reflect as Special report (qc/djy, ).
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Filing 43
Return Receipt Card showing service of #1 Complaint, #19 Amendment, #34 Order signed by illegible for Wexford Health Sources, Inc. served on 5/28/2020, answer due 7/3/2020. (cwl, )
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Filing 42
BRIEF in Support re #1 Inmate 1983 Complaint, filed by John Andrew Kister. (bes, )
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Filing 41
Return Receipt Card showing service of #1 Complaint, #19 Amendment, and #34 Order signed by MF R-802 C-19 for James Prescott served on 5/26/2020, answer due 7/3/2020. (bes, )
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Filing 40
Return Receipt Card showing service of #1 Complaint, #19 Amendment, and #34 Order signed by MF R-802 C-19 for Darryl Ellis served on 5/26/2020, answer due 7/3/2020. (bes, )
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Filing 39
Return Receipt Card showing service of #1 Complaint, #19 Amendment, and #34 Order signed by MF R-802 C-19 for Michael Borowicz served on 5/26/2020, answer due 7/3/2020. (bes, )
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Filing 38
Return Receipt Card showing service of #1 Complaint, #19 Amendment, and #34 Order signed by MF R-802 C-19 for Dr. Banergee served on 5/26/2020, answer due 7/3/2020. (bes, )
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Filing 37
Return Receipt Card showing service of #1 Complaint, #19 Amendment, and #34 Order signed by MF R-802 C-19 for G. Anthony served on 5/26/2020, answer due 7/3/2020. (bes, )
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Filing 36
Return Receipt Card showing service of #1 Complaint, #19 Amendment, and #34 Order signed by MF R-802 C-19 for Nurse Benson served on 5/26/2020, answer due 7/3/2020. (bes, )
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Filing 35
ORDER ON MOTION denying #25 and #26 Motions for Discovery. Signed by Honorable Judge Stephen Michael Doyle on 5/22/2020. (bes, )
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Filing 34
ORDER TO FILE SPECIAL REPORT AND ANSWER on or before 7/3/2020; copies mailed to plaintiff; mailed by CMRRR with complaint and amendment to complaint to named defendants, ALDOC general counsel, and to General Counsel for Wexford Health Sources, Inc. Signed by Honorable Judge Stephen Michael Doyle on 5/22/2020. (bes, )
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Filing 33
ORDER ON MOTION considering the #23 Motion to Deny Defendants' Opposition to Plaintiff's Motion for Injunctive Relief as a motion for leave to file a reply to Defendants' response to Plaintiff's request for preliminary injunctive relief; ORDER granting #23 Motion leave to file a reply to Defendants response to Plaintiffs request for preliminary injunctive relief; DIRECTING the Clerk to docket Plaintiff's #23 filing as a reply to Defendant's #20 response. Signed by Honorable Judge Stephen Michael Doyle on 5/22/2020. (bes, )
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Filing 32
Affidavit of Medical Documents filed by John Andrew Kister. (Attachments: #1 Medical Documents (REDACTED))(bes, )
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Filing 31
(Response) Answer to #21 Special Report, by John Andrew Kister. (Attachments: #1 Declaration of William Armstrong, #2 Declaration on Neuropathy Treatment, #3 Declaration in response to Affidavit of Michael Borowicz, MD, #4 Declaration of Genuine Material Facts in Dispute)(bes, )
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Filing 30
BRIEF in Support of #1 Inmate 1983 Complaint and against Summary Judgment Motion of Defendants, filed by John Andrew Kister. (bes, )
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Filing 29
ORDER ON MOTION granting #24 Motion to pay initial filing fee when funds available; DIRECTING the Clerk to furnish a copy of this order to the account clerk at the Elmore Correctional Facility. Signed by Honorable Judge Stephen Michael Doyle on 5/22/2020. (bes, )
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Filing 28
ORDER ON MOTION denying #22 Motion to Appoint Counsel. Signed by Honorable Judge Stephen Michael Doyle on 5/22/2020. (bes, )
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Filing 27
Return Receipt Card showing service of #1 Complaint, #4 Motion for Preliminary Injunction, and #6 Order signed by M.L. for Wexford Health Sources, Inc., served on 5/5/2020. (bes, )
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REPLY to Dft's #20 Response filed by John Andrew Kister. (No PDF attached to this entry - See Doc #23 for PDF) (bes, )
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Filing 26
INTERROGATORIES Propounded to Darryl Ellis by John Andrew Kister.(djy, )
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Filing 25
MOTION Requesting Documents by John Andrew Kister. (kh, )
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Filing 24
MOTION to pay initial filing fee when funds available by John Andrew Kister. (djy, ) Modified on 5/15/2020 to correct filed date to 5/12/2020 (qc/djy, ).
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Filing 23
MOTION to Deny Defendants Opposition to Plaintiff's Motion for Injunctive Relief by John Andrew Kister, as CONSIDERED in the Court's #33 Order to be a MOTION for Leave to File a Reply to Defendants' Response to Plaintiff's Request for Preliminary Injunctive relief. (Attachments: #1 Supporting Exhibits, #2 Declaration in Support of Motion, #3 Declaration on Group Therapy)(kh, ) Modified on 5/22/2020 (bes, ).
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Filing 22
MOTION to Appoint Counsel by John Andrew Kister. (djy, ) Modified on 5/15/2020 to correct filed date to reflect 5/12/2020 (qc/djy, ).
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MOTION to serve interrogatories on def Darryl Ellis by John Andrew Kister. (NO PDF document attached to this notice-See docket entry #26 ). (djy, )
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Filing 21
Special Report to Inmate 1983 Complaint by G. Anthony, Dr. Banergee, Nurse Benson, Michael Borowicz, Darryl Ellis, James Prescott, Wexford Health Sources, Inc.. (Attachments: #1 Exhibit A Affidavit of Dr. Borowicz)(Piggott, Philip)
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Filing 20
RESPONSE in Opposition re #4 MOTION for Preliminary Injunction by G. Anthony, Dr. Banergee, Nurse Benson, Michael Borowicz, Darryl Ellis, James Prescott, Wexford Health Sources, Inc.. (Attachments: #1 Exhibit 1)(bes, )
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Filing 19
(DISREGARD, PREVIOUSLY FILED IN ERROR USING WRONG CIVIL EVENT, PARTIES ARE DIRECTED TO REFER TO THE AMENDMENT TO COMPLAINT ENTRY) AMENDED COMPLAINT against G. Anthony, Dr. Banergee, Nurse Benson, Michael Borowicz, Darryl Ellis, James Prescott, Wexford Health Sources, Inc., filed by John Andrew Kister. (bes, ) Modified on 5/6/2020 to clarify the docket text (bes, ).
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Filing 18
ORDER ON MOTION granting #10 Motion to Amend #1 Inmate 1983 Complaint. Signed by Honorable Judge Stephen Michael Doyle on 5/5/2020. (bes, )
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Filing 17
Corporate/Conflict Disclosure Statement by Wexford Health Sources, Inc. re #8 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Piggott, Philip)
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Filing 16
Corporate/Conflict Disclosure Statement by James Prescott re #8 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Piggott, Philip)
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Filing 15
Corporate/Conflict Disclosure Statement by Darryl Ellis re #8 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Piggott, Philip)
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Filing 14
Corporate/Conflict Disclosure Statement by Michael Borowicz re #8 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Piggott, Philip)
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Filing 13
Corporate/Conflict Disclosure Statement by Nurse Benson re #8 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Piggott, Philip)
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Filing 12
Corporate/Conflict Disclosure Statement by Dr. Banergee re #8 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Piggott, Philip)
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Filing 11
Corporate/Conflict Disclosure Statement by G. Anthony re #8 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Piggott, Philip)
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DEMAND for Trial by Jury by John Andrew Kister. (No PDF attached to this entry - See Doc #19 for PDF) (bes, )
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AMENDMENT TO #1 Inmate 1983 COMPLAINT against G. Anthony, Dr. Banergee, Nurse Benson, Michael Borowicz, Darryl Ellis, James Prescott, Wexford Health Sources, Inc., filed by John Andrew Kister. (No PDF attached to this entry - See doc #19 for PDF)(bes, ) Modified on 5/6/2020 to add the no PDF text (bes, ).
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Filing 9
ORDER ON MOTION: it is ORDERED that the motion to file response to the court's 4/24/2020, show cause order under seal (Doc. #7 ) is GRANTED for the purpose of protecting such records from uses that are outside of the scope of Defs' defense in this case. Upon filing, the Clerk is DIRECTED to place under seal Defs' response, including any and all attachments, to the courts 4/24/2020, order to show cause. It is further ORDERED that any confidential information produced, disclosed, exchanged, or used in this action as specifically described above shall be treated as confidential and access to the same shall be available or utilized solely in connection with the above-captioned action by and between the court, court personnel, the parties and, if represented, their attorney(s) of record. Signed by Honorable Judge Stephen Michael Doyle on 5/4/2020. (cnw, )
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Filing 8
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to G. Anthony, Dr. Banergee, Nurse Benson, Michael Borowicz, Darryl Ellis, James Prescott, Wexford Health Sources, Inc.; Corporate Disclosures due by 5/14/2020. (Attachments: #1 Conflict Statement Standing Order & Sample Format)(cnw, )
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Filing 7
Motion to Respond to Court Order [Doc #6 ] Under Seal by G. Anthony, Dr. Banergee, Nurse Benson, Michael Borowicz, Darryl Ellis, James Prescott, Wexford Health Sources, Inc.. (Piggott, Philip) Modified on 5/4/2020 to clarify text (cnw, ).
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AO FORM 85 mailed to counsel for (defs) G. Anthony, Dr. Banergee, Nurse Benson, Michael Borowicz, Darryl Ellis, James Prescott, Wexford Health Sources, Inc. (No pdf attache to this entry) (cnw, )
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Filing 10
MOTION to Amend #1 Inmate 1983 Complaint by John Andrew Kister. (Attachments: #1 Proposed Amended Complaint)(cnw, )
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Filing 6
ORDER TO SHOW CAUSE: it is ORDERED that on or before 5/15/2020, General Counsel for Wexford Health Sources, Inc., shall SHOW CAUSE why this court should not order preliminary injunctive relief in response to Plf's claim for immediate mental health care and treatment. The Clerk shall SEND a copy of this order to Plf and a copy of this order, the complaint (Doc. #1 ), the request for preliminary injunctive relief (Doc. #4 ), and any attachments to these pleadings, to General Counsel for Wexford Health Sources. In Signed by Honorable Judge Stephen Michael Doyle on 4/24/2020. (cnw, )
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Filing 5
ORDER granting #3 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order; directing payment of initial partial filing fee of $35.28 be paid on or before 5/15/2020; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; Copies mailed to plf and account clerk @ the Elmore Correctional Facility. Signed by Honorable Judge Stephen Michael Doyle on 4/24/2020. (furn: cashier) (cnw, )
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Filing 4
MOTION for Preliminary Injunction by John Andrew Kister. (Attachments: #1 Affidavit of John Andrew Kister, #2 proposed order)(hrs, )
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Filing 3
Application to Proceed Without Prepayment of Fees and Affidavit by John Andrew Kister. (hrs, )
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Filing 2
JURY DEMAND filed by John Andrew Kister. (No PDF attached to this entry - See doc #1 for PDF) (hrs, ) Modified on 4/22/2020 to correct text to reflect as jury demand (qc/djy, ).
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Filing 1
Inmate 1983 COMPLAINT against G. Anthony, Dr. Banergee, Nurse Benson, Michael Borowicz, Darryl Ellis, James Prescott, Wexford Health Sources, Inc., filed by John Andrew Kister.(hrs, )
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