Peacher v. Payne et al
| R Peacher |
| George Payne and Mark Sevier |
| 3:2016cv00701 |
| October 7, 2016 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| LaPorte |
| Theresa L Springmann |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
60
ORDER AND OPINION: GRANTING 53 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Mark Sevier. The claims against Mark Sevier are DISMISSED. This case will proceed solely on Robert L. Peacher's monetary damages claims against Dr. Taylor and Dr. Eichman, in their individual capacities. Signed by Chief Judge Theresa L Springmann on 3/31/2017. (Copy mailed to pro se party)(lhc) Modified on 3/31/2017 to correct title (lhc).
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Filing
44
OPINION AND ORDER: GRANTS Robert L. Peacher leave to proceed against Dr. Taylor and Dr. Eichman in their individual capacities for compensatory and punitive damages for denying him adequate medical care in violation of the Eighth Amendment; GRANT S him leave to proceed against Mark Sevier in his official capacity for injunctive relief to obtain adequate medical care; DISMISSES all other claims; DISMISSES George Payne; DIRECTS the Clerk to serve a copy of this Order on counsel for Mark Sev ier via CM/ECF; DIRECTS the clerk and the US Marshals Service to issue and serve process on Dr. Taylor and Dr. Eichman with a copy of this Order and the amended complaint 28 as required by 28 U.S.C. § 1915(d); and ORDERS, pursuant to 42 U.S .C. § 1997e(g)(2), that Mark Sevier, Dr. Taylor and Dr. Eichman respond only to the claims for which the Plaintiff has been granted leave to proceed in this screening order. Signed by Chief Judge Theresa L Springmann on 2/13/2017. (lhc)(cc: Plaintiff and USMS)
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Filing
8
OPINION AND ORDER: GRANTS Plaintiff Robert L. Peacher leave to proceed against George Payne and Mark Sevier in their individual capacities for compensatory and punitive damages for denying him adequate food and medical care in violation of the Ei ghth Amendment; GRANTS him leave to proceed against George Payne and Mark Sevier in their official capacities for injunctive relief to obtain adequate food and medical care; DISMISSES all other claims; DIRECTS the Clerk to transmit the summons and USM-285 forms for George Payne and Mark Sevier to the US Marshals Service along with a copy of the complaint (ECF No. 1 ), the motion (ECF No. 5 ), and this Order; DIRECTS the US Marshals Service, pursuant to 28:1915(d), to effect PERSONAL SERVI CE on George Payne and Mark Sevier by 11/4/2016; ORDERS, pursuant to 42 U.S.C. § 1997e(g)(2), that George Payne and Mark Sevier respond, as provided for in the Fed. R. Civ. P. and N.D. Ind. L.R. 10-1(b), only to the claims for which the Plainti ff has been granted leave to proceed in this screening order; and GRANTS the Motion (ECF No. 5 ) MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by R Peacher, only to the extent that George Payne and Mark Sevier are ORDERED to file and serve the two affidavits (or declarations) described in this Order by 11/17/2016. Signed by Judge Theresa L Springmann on 10/27/2016. (lhc)(cc: Plaintiff and USMS)
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