James Griffith v. Bruce Ippel, et al
| JAMES F. GRIFFITH |
| BRUCE IPPEL, Doctor, MARK A. CABRERA, Doctor, DEBRA K. ELLINGTON, R.N., JESSICA KENEKHAM, L.P.N. and LISA BERGESON, R.N. |
| 22-1588 |
| April 11, 2022 |
| U.S. Court of Appeals, Seventh Circuit |
| Prison Condition |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 1, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 7
ORDER re: 1. Notice of death. 2. Appellees notice of compliance. [ # 4 ] [ # 6 ] James Griffith died shortly after filing his appeal in this court. Federal Rule of Appellate Procedure 43(a)(1) provides that in the event of the death of a party while the appeal is pending, the decedents personal representative may be substituted as a party to the action by applying in writing to this court for permission to proceed with the appeal. Appellees have informed the court that James Griffiths father, John Griffith, is listed as his next of kin and have provided contact information for him. Accordingly, John Griffith is notified that he may file a motion in this court to be substituted as a party pursuant to Rule 43(a)(1). Any motion to substitute or statement of intent should be filed by August 1, 2022. If nothing is filed by that date, this appeal may be dismissed for failure to prosecute. The clerk shall send John Griffith a copy of this courts public docket and the district courts final order with this order. Sent Certified Mail. Receipt Number: 7020 2450 0001 4853 9750. MEK [7] [7239864] [22-1588] (PS) [Entered: 06/01/2022 02:35 PM]
|
| Filing 6 Filed Notice of Compliance by Appellees Lisa Bergeson, Mark A. Cabrera, Debra K. Ellington, Bruce Ippel and Jessica Kenekham. [6] [7239327] [22-1588] (Johnson, Rachel) [Entered: 05/31/2022 11:10 AM] |
|
Filing 5
ORDER re: Notice of death, filed on 5/6/2022. James Griffith appealed from the district courts entry of summary judgment on his claims that medical staff at New Castle Correctional Facility violates his rights under 42 U.S.C. 1983. While his case was pending in the district court, Griffith was transferred to Indiana State Prison. After Griffith filed his notice of appeal, Indiana State Prison notified the court that Griffith has died. Federal Rule of Appellate Procedure 43(a)(1) provides that in the event of the death of a party while the appeal is pending, the decedents personal representative may be substituted as a party to the action by applying in writing to this court for permission to proceed with the appeal. Indiana State Prisons notice did not provide information about how to identify or contact Clevelands personal representative. Accordingly, the appellees shall file by May 31, 2022, a supplement to the notice of death that provides any contact information they can acquire for Griffiths personal representative, executor, or next of kin. See Ward v. Edgeton, 59 F.3d 653 (7th Cir. 1995). MEK [5] [7235342] [22-1588] (FP) [Entered: 05/10/2022 03:13 PM]
|
| Filing 4 Filed 5/2/2022 Notice of Death from the Indiana Department of Correction for Appellant James F. Griffith. (Note: Also enclosed with notice was envelope containing the 4/11/2022 case opening notices.) [4] [7234838] [22-1588] (JR) [Entered: 05/09/2022 11:14 AM] |
| Filing 3 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Rachel D. Johnson for Appellees Lisa Bergeson, Mark A. Cabrera, Debra K. Ellington, Bruce Ippel and Jessica Kenekham. for Stacey Scott, Judy Swain, Theresa Auler, Jessica Wigal. [3] [7229067] (L-Yes; E-Yes; R-No) [22-1588]--[Edited 04/12/2022 by FP to reflect that atty. Johnson is added to the docket.] (Johnson, Rachel) [Entered: 04/12/2022 10:03 AM] |
| Filing 2 THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: APPELLEES: Jessica Wigal, T. Auler, Lucretia L. Cheek, Judy K. Swain and Stacey Scott. [2] [7228917] [22-1588] (MM) [Entered: 04/11/2022 04:49 PM] |
| Filing 1 State prisoner's civil rights case docketed. IT IS ORDERED that this appeal is subject to the Prison Litigation Reform Act. Proceedings are SUSPENDED pending notification by the district court that any necessary fee has been assessed, and if assessed, paid. PLRA Fee due. Docketing Statement due for Appellant James F. Griffith by 04/15/2022. PLRA Fee/Motion/Memorandum due on 05/11/2022. Transcript information sheet due by 04/25/2022. [1] [7228907] [22-1588] (MM) [Entered: 04/11/2022 04:39 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
