Futch v. Doctor, Nurses John and Jane Doe et al
| Kenny L Futch |
| Doctor, Nurses John and Jane Doe, Officer Gray and J Scaife |
| 3:2017cv00753 |
| October 3, 2017 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| Miami |
| Philip P Simon |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
54
OPINION AND ORDER granting 47 Motion for Summary Judgment. The Court DISMISSES Noe Marandet, Timothy Neff, Pamela Smyth, Lynn Cadena, and Shalana Seifert. The Court NOTES that the case remains pending against Officer Christopher Gray. Signed by Judge Philip P Simon on 11/16/18. (Copy mailed to pro se party). (nal)
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Filing
35
OPINION AND ORDER GRANTING 33 MOTION to Amend/Correct 20 Amended Complaint filed by Kenny L Futch. Party T Neff, P Smyth, L Cadema and S Seifeit added. DIRECTS the clerk to file the amended complaint (ECF 33-1);GRANTS Kenny L. Futch leav e to proceed on a claim against Dr. Marandet,Officer Gray, T. Neff, P. Smyth, L. Cadema, and S. Seifeit in their individual capacities for money damages for acting with deliberate indifference to his serious medical needs in violation of the Eighth Amendment by denying him pain medication and other medical supplies; GRANTS Kenny L. Futch leave to proceed on a claim against Officer Gray in his individual capacity for money damages for violating the Equal Protection Clause by discriminating again st Futch on the basis of his financial status with respect to his property;GRANTS Kenny L. Futch leave to proceed on a claim against Officer Gray inhis individual capacity for money damages for retaliating against Futch in violation of the First Amen dment by confiscating his property; DISMISSES J. Scaife; DISMISSES all other claims; DIRECTS the clerk and the United States Marshals Service to issue and serve process on T. Neff, P. Smyth, L. Cadema, and S. Seifeit at the Indiana Department of Corr ection with a copy of this order and the amended complaint (ECF 33-1) as required by 28 U.S.C. § 1915(d); and ORDERS Dr. Marandet, Officer Gray, T. Neff, P. Smyth, L. Cadema, and S.Seifeit pursuant to 42 U.S.C. § 1997e(g)(2), to respond as provided in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10.1, only to the claims for which Kenny L. Futch has been granted leave to proceed in this screening order. Signed by Judge Philip P Simon on 8/14/18. (Copy mailed to pro se party)(mlc)
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Filing
19
OPINION AND ORDER: The Court GRANTS Kenny L. Futch's motion to amend the complaint 17 ; DIRECTS the clerk to file the amended complaint 17 -2; GRANTS Pla leave to proceed on a claim against Dr. Marandet and Officer Gray in their individual capacities for money damages for acting with deliberate indifference to his serious medical needs in violation of the Eighth Amendment by denying him pain medication and other medical supplies; GRANTS Pla leave to proceed on a claim against Office r Gray in his individual capacity for money damages for violating the Equal Protection Clause by discriminating against Futch on the basis of his financial status with respect to his belongings. DISMISSES all other claims; DIRECTS the clerk and the USMS to issue and serve process on Officer Gray at the Indiana Department of Correction with a copy of this order and the amended complaint 17 -2 as required by 28:1915(d); and ORDERS Dr. Marandet and Officer Gray, pursuant to 42:1997e(g)(2), to respond as provided in the Fed.R.Civ.P. and N.D. Ind. L.R. 10.1, only to the claim for which Pla has been granted leave to proceed in this screening order. Signed by Judge Philip P Simon on 5/7/2018. (lhc)
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Filing
9
OPINION AND ORDER: Kenny L. Futch is GRANTED until 3/1/18 to file an amended complaint on the proper form, is CAUTIONED that if he does not respond by that deadline this case will be dismissed without further notice pursuant to 28 U.S.C. § 1915A because the current complaint does not state a claim and the motion to amend ECF 7 is DENIED as unnecessary. Signed by Judge Philip P Simon on 2/7/18. (Copy mailed to pro se party). (nal)
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