DeLuna v. Martinez et al
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|Date Filed||#||Document Text|
|May 24, 2018
OPINION AND ORDER re 5 Amended Complaint. The Court GRANTS Mark Anthony DeLuna leave to proceed against Officer Mattingly in his individual capacity for compensatory damages for proximately causing him to get scabies by not decontaminating inmate s entering the Lake County Jail in September 2017 in violation of the Fourteenth Amendment; GRANTS Mark Anthony DeLuna leave to proceed against Nurse Practitioner Kathy in her individual capacity for compensatory damages for being deliberately indiff erent to his need for medical treatment of scabies on October 28, 2017, in violation of the Fourteenth Amendment; DISMISSES all other claims; DISMISSES Sheriff Oscar Martinez, Jr., Former Sheriff John Buncich, Former Assistant Deputy Gore; Sergeant P hyliss Leto, and Assistant Deputy Warden Nearly; DIRECTS the clerk and the United States Marshals Service to issue and serve process on Officer Mattingly and Nurse Practitioner Kathy at the Lake County Jail with a copy of this order and the amended c omplaint (ECF 5) as required by 28 U.S.C. § 1915(d); and ORDERS, pursuant to 42 U.S.C. § 1997e(g)(2), that Officer Mattinglyand Nurse Practitioner Kathy respond, as provided for in the Federal Rules ofCivil Procedure and N.D. Ind. L.R. 10-1 (b), only to the claims for which theplaintiff has been granted leave to proceed in this screening order. Party Sergeant Phyliss Leto, Sheriff Oscar Martinez Jr, Assistant Deputy Warden Nearly, Former Sheriff John Buncich ((Now Imprisoned)) and Former Assistant Deputy Gore ((Now Lieutenant)) terminated. Signed by Senior Judge James T Moody on 5/24/18. (Copy mailed to pro se party)(mlc)
|March 12, 2018
OPINION AND ORDER: DISMISSES Oscar Martinez, Jr., John Buncich, Nearly, Gone, Leto, and Mattingly; DIRECTS the clerk to place this cause number on a blank Prisoner Complaint (INND Rev. 8/16) form and send it to Mark Anthony DeLuna with a copy of this order; GRANTS him until 4/12/2018, to file an amended complaint; and CAUTIONS him if he does not respond by the deadline, this case will be dismissed without further notice pursuant to 28 U.S.C. § 1915A because the complaint does not state a claim. Signed by Senior Judge James T Moody on 3/12/2018. (Copy mailed to pro se party w/forms)(lhc)
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