Howard Smallwood v. Wexford of Indiana, LLC, et al
| HOWARD SMALLWOOD |
| WEXFORD OF INDIANA, LLC, DON WILLIAMS, Lt. Correctional Officer, BOYD LUNSFORD, Officer, Sgt. Correctional Officer, CORY CONLON, Correctional Officer, Lt. Correctional Officer, ERICK HAMMOND, Correctional Officer, Correctional Officer and ROBERT DAUGHERTY, Correctional Officer |
| 26-1955 |
| May 1, 2026 |
| U.S. Court of Appeals, Seventh Circuit |
| Prison Condition |
Docket Report
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| Filing 23 Paper copies of appellee brief filed by Appellees Cory Conlon, Robert Daugherty, Erick Hammond, Boyd Lunsford, Wexford of Indiana, LLC and Don Williams. [23] [7562494] [26-1955] (CAH) [Entered: 10/14/2026 09:41 AM] |
| Filing 22 Appellee's brief filed by Appellees Cory Conlon, Robert Daugherty, Erick Hammond, Boyd Lunsford, Wexford of Indiana, LLC and Don Williams. Paper copies due on 10/20/2026. [22] [7562009] [26-1955] (GW) [Entered: 10/13/2026 10:04 AM] |
| Filing 21 NOTICE: Attorney Ms. Rachel Dubin Johnson for Appellee Wexford of Indiana, LLC will not be available for oral argument 10/26/26; 10/28/26; 11/2/26; 11/3/26; 11/6/26; 11/24/26-11/27/26; 11/30/26; 12/10/26; 12/11/26; 12/16/26; 12/28/26; 1/11/27-1/15/27; 2/22/27-2/26/27; 3/4/27; 3/15/27-3/19/27;. [21] [7561938] [26-1955] (Johnson, Rachel) [Entered: 10/13/2026 09:09 AM] |
| Filing 20 Submitted joint brief by Rachel D. Johnson/Samuel J. Dayton for Appellee Wexford of Indiana, LLC. [20] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7561931] [26-1955] (Johnson, Rachel) [Entered: 10/13/2026 09:04 AM] |
| Filing 19 Filed Notice of Substitution by Appellees Cory Conlon, Robert Daugherty, Erick Hammond, Boyd Lunsford and Don Williams, etc. [19] [7561764] [26-1955]--[Edited 10/13/2026 by FP to reflect the remaning state appellees in the additional parties text.] (Dayton, Samuel) [Entered: 10/09/2026 12:48 PM] |
| Filing 18 Amended Appearance form filed by Attorney Samuel Dayton for Appellees Cory Conlon, Robert Daugherty, Erick Hammond, Boyd Lunsford and Don Williams. [18] [7561760] (L-Yes; E-Yes; R-No) [26-1955]--[Edited 10/09/2026 by FP to reflect that atty. Dayton is added to the docket.] (Dayton, Samuel) [Entered: 10/09/2026 12:47 PM] |
| Filing 17 Added Attorney(s) Samuel Joseph Dayton for party(s) Appellee Don Williams Appellee Robert Daugherty Appellee Boyd Lunsford Appellee Erick Hammond Appellee Cory Conlon, in case 26-1955 per appearance form. Appearance form filed by Attorney Samuel Dayton for Appellees Boyd Lunsford, Cory Conlon, Robert Daugherty, Erick Hammond and Don Williams. [17] [7557924] (L-Yes; E-Yes; R-No) [26-1955]--[Edited 09/24/2026 by AD to reflect the addition of counsel.] (Dayton, Samuel) [Entered: 09/24/2026 09:24 AM] |
| Filing 16 10 copies Appellant's brief filed by Appellant Howard Smallwood. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, and should be made by no later than seven days after the filing of the appellee's brief. See Cir. R. 34(b)(3), (4). The court's calendar is located at https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [16] [7553773] [26-1955] (NHV) [Entered: 09/08/2026 03:33 PM] |
| Filing 15 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Rachel D. Johnson for Appellees Wexford of Indiana, LLC and Paul A. Talbot, M.D. [15] [7547388] (L-Yes; E-Yes; R-No) [26-1955]--[Docket updated 08/13/2026 by JR to add Attorney Johnson.] (Johnson, Rachel) [Entered: 08/13/2026 11:20 AM] |
Filing 14
ORDER: On consideration of the response to the Rule to Show Cause filed 08/11/2026 by the pro se appellant Howard Smallwood, IT IS ORDERED that the Rule to Show Cause is SUSPENDED pending the timely filing of a brief by the party(s). Briefing will proceed as follows: Appellant's brief due on or before 09/11/2026 for Howard Smallwood. Appellees' briefs due on or before 10/13/2026 for Cory Conlon, Correctional Officer, Robert Daugherty, Erick Hammond, Correctional Officer, Boyd Lunsford, Officer, Wexford of Indiana, LLC and Don Williams. Appellant's reply brief, if any, is due on or before 11/03/2026 for Appellant Howard Smallwood. The clerk will send the appellant this courts brief information sheet for pro se litigants so that the appellant may familiarize himself with the courts expectations for briefs. Failure to file a brief by this due date may result in the dismissal of this appeal for failure to prosecute. Sent Certified Mail. Receipt Number: 9589 0710 5270 1811 0036 76. CDH [14] [7547192] [26-1955] (AD) [Entered: 08/12/2026 03:21 PM]
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| Filing 13 Filed Show Cause Response by Appellant Howard Smallwood. [13][7546903] [26-1955] (EHF) [Entered: 08/11/2026 03:25 PM] |
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Filing 12
ORDER: Appellant Howard Smallwood is directed to show cause as to why this appeal should not be dismissed for lack of prosecution pursuant to C. R. 31(c)(2). GW. Briefing is SUSPENDED pending further court order. Response to Rule to Show Cause due for Appellant Howard Smallwood by 08/11/2026. Sent Certified Mail. Receipt Number: 9589071052702984954420. [12] [7543245] [26-1955] (GW) [Entered: 07/28/2026 08:48 AM]
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| Filing 11 Appearance form filed by Attorney Benjamin M.L. Jones for Appellees Cory Conlon, Robert Daugherty, Erick Hammond, Boyd Lunsford and Don Williams. [11] [7533101] (L-Yes; E-Yes; R-Yes) [26-1955]--[Edited 06/17/2026 by FP to reflect that atty. Pope is termed and atty. Jones is added to the docket.] (Jones, Benjamin) [Entered: 06/16/2026 09:59 AM] |
| Filing 10 NOTICE: Circuit Rule 46(a) requires the lead attorney and any attorney who intends to present oral argument be admitted to practice in this court. The lead attorney for each party represented by counsel must apply for admission to practice in this court by the later of: (a) 30 days from the docketing of the matter in this court; or (b) 15 days from being retained or appointed as counsel. An attorney who intends to present oral argument must apply for admission to practice in this court before the filing of the appellee's brief. Our records indicate Attorney Adrienne Pope for Appellees Boyd Lunsford, Cory Conlon, Erick Hammond, Don Williams and Robert Daugherty has not been admitted to practice in this court as of this date. The "Application for Admission to Practice in the Seventh Circuit" form can be found at: https://www.ca7.uscourts.gov/assets/pdf/applctn.pdf. The filing of the completed application must be accomplished via the CM/ECF filing system. [10] [7533073] [26-1955] (LJ) [Entered: 06/16/2026 09:19 AM] |
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Filing 9
ORDER: This court has received notice from the district court that the appellant paid the required docketing fee. Accordingly, briefing will proceed as follows: Appellant's brief due on or before 07/15/2026 for Howard Smallwood. Appellees' briefs are due on or before 08/14/2026 for Cory Conlon, Correctional Officer, Robert Daugherty, Erick Hammond, Correctional Officer, Boyd Lunsford, Officer, Wexford of Indiana, LLC and Don Williams. Appellant's reply brief, if any, is due on or before 09/04/2026 for Appellant Howard Smallwood. JXK [9] [7532896] [26-1955] (FP) [Entered: 06/15/2026 01:12 PM]
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| Filing 8 Filed notice from the District Court that the $605.00 appellate fee was received. [8][7532785] [26-1955] (CAH) [Entered: 06/15/2026 10:18 AM] |
| Filing 7 Docketing Statement filed by Appellant Howard Smallwood. Prior or Related proceedings: No. [7] [7531664] [26-1955] (DAB) [Entered: 06/09/2026 02:45 PM] |
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Filing 6
ORDER: Check in the amount of $605.00. The clerk of this court shall send the CHECK to the clerk of the district court. Sent certified mail, receipt number: 9589 0710 5270 1455 1939 24. [6] [7531248] CC [26-1955] (DAB) [Entered: 06/08/2026 03:05 PM]
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Filing 5
ORDER Re: Letter. This appeal is subject to the Prison Litigation Reform Act and therefore all proceedings are suspended pending the assessment and payment of any necessary fees. See Newlin v. Helman, 123 F.3d 429, 434 (7th Cir. 1997). A review of the docket indicates that the appellant's fee status has not yet been determined. Specifically, the deadline for appellant to either pay the $605.00 required appellate filing fees or file a motion for leave to proceed on appeal in forma pauperis in the district court is June 1, 2026. Accordingly, to the extent that the appellant seeks an extension of time, the deadline for the appellant to either pay the $605.00 appellate filing fees or file a motion for leave to proceed on appeal in forma pauperis in the district court is extended to June 22, 2026. Failure to do so may result in the dismissal of this appeal. Further, the appellant shall also file his overdue Circuit Rule 3(c) docketing statement and any transcript information sheet, by June 22, 2026. The clerk will send the appellant an asset affidavit form, a transcript information sheet form, and this courts instructions for preparing a docketing statement so the appellant may familiarize himself with the information that must be included in a Circuit Rule 3(c) docketing statement. In his docketing statement, the appellant should attempt to provide the information listed in the Pro Se Instructions, particularly the date of the district court judgment or order being challenged in this appeal. To the extent that the appellant seeks appointment of counsel. Finally, the request is DENIED without court action, pursuant to the courts fee notice and order dated May 1, 2026. Sent Certified Mail. Receipt Number: 9589 0710 5270 1810 9593 49. [5] [7527532] CDH [26-1955] (AD) [Entered: 05/21/2026 02:15 PM]
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| Filing 4 Filed letter from Appellant Howard Smallwood regarding concerns filing the complaint. [4] [7527196] [26-1955] (CAH) [Entered: 05/20/2026 03:50 PM] |
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Filing 3
ORDER: A review of the short record reveals that this appeal involves more than one appellee represented by different counsel. Counsel for appellees are encouraged to file a joint brief and appendix or adopt parts of a co-appellee's brief. Redundant and uncoordinated briefing will be stricken and may result in disciplinary sanctions. See United States v. Torres, 170 F.3d 749 (7th Cir. 1999); United States v. Ashman, 964 F.2d 596 (7th Cir. 1992). [7522478] JXK [3] [7522478] [26-1955] (AD) [Entered: 05/01/2026 03:00 PM]
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| 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: Christina Reagle, Dennis Reagle, Kentessa Blanton, Bradley Thompson, Stephen Foster, Leslie Gray, Darrell Yates and John Poor. [2] [7522475] [26-1955] (AD) [Entered: 05/01/2026 02:57 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. Transcript information sheet due by 05/15/2026. Docketing Statement due for Appellant Howard Smallwood by 05/04/2026. PLRA Fee/Motion/Memorandum due on 06/01/2026. [1] [7522401] [26-1955] (AD) [Entered: 05/01/2026 12:06 PM] |
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