Thomas v. Hendrix et al
| Leonard Thomas |
| Amy Eichmeier, Matt Leohr, Andrew Pazera, I Walters, Katherine Hutchinson, Dick Brown, Brad S Mazick, Andrew Liaw MD, Mark Newkirk, Amjad Shihadeh MD, Gloria Thode, Jack Hendrix, Barbara Eichman MD, Lowry Evans, Charles Dalrymple, Michael Osburn, Samuel Byrd MD, Mary Ruth Sims PhD, Shannon Roden, Eddie Taylor PhD, Vickie Burdine, W Lovings, Danielle D Nance PsyD, Jodeana Raney, Cara Misetic, J Wilson, S Miller, Tim Axsom, Leah R Marsden MSW, Mark Sevier and Joelynn Bigheart |
| 3:2018cv00803 |
| September 28, 2018 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 25 FINAL PAYMENT FROM PRISONER. Letter sent to Warden of prison. (cc: Westville Correctional Facility) (rmc) |
| Filing 24 Filing fee: $350.00, receipt number 3021164 (rmc) |
| Filing 26 RESPONSE to #9 Order titled as Plaintiff Thomas Respectfully Request the Court's Assistance in Locating Two Defendants by Leonard Thomas. (nae) |
| Filing 23 WAIVER OF SERVICE Returned Executed by I Walters, Jack Hendrix, Amy Eichmeier, Jodeana Raney, Mark Sevier, Mark Newkirk, Michael Osburn, Andrew Pazera, Matt Leohr, Dick Brown. I Walters waiver sent on 10/4/2018, answer due 12/3/2018. (Wolfe, Christine) |
| Filing 22 WAIVER OF SERVICE Returned Executed by I Walters, Jack Hendrix, Amy Eichmeier, Jodeana Raney, Mark Sevier, Mark Newkirk, Michael Osburn, Andrew Pazera, Matt Leohr, Dick Brown. Mark Sevier waiver sent on 10/4/2018, answer due 12/3/2018. (Wolfe, Christine) |
| Filing 21 WAIVER OF SERVICE Returned Executed by I Walters, Jack Hendrix, Amy Eichmeier, Jodeana Raney, Mark Sevier, Mark Newkirk, Michael Osburn, Andrew Pazera, Matt Leohr, Dick Brown. Jodeana Raney waiver sent on 10/4/2018, answer due 12/3/2018. (Wolfe, Christine) |
| Filing 20 WAIVER OF SERVICE Returned Executed by I Walters, Jack Hendrix, Amy Eichmeier, Jodeana Raney, Mark Sevier, Mark Newkirk, Michael Osburn, Andrew Pazera, Matt Leohr, Dick Brown. Andrew Pazera waiver sent on 10/4/2018, answer due 12/3/2018. (Wolfe, Christine) |
| Filing 19 WAIVER OF SERVICE Returned Executed by I Walters, Jack Hendrix, Amy Eichmeier, Jodeana Raney, Mark Sevier, Mark Newkirk, Michael Osburn, Andrew Pazera, Matt Leohr, Dick Brown. Michael Osburn waiver sent on 10/4/2018, answer due 12/3/2018. (Wolfe, Christine) |
| Filing 18 WAIVER OF SERVICE Returned Executed by I Walters, Jack Hendrix, Amy Eichmeier, Jodeana Raney, Mark Sevier, Mark Newkirk, Michael Osburn, Andrew Pazera, Matt Leohr, Dick Brown. Mark Newkirk waiver sent on 10/4/2018, answer due 12/3/2018. (Wolfe, Christine) |
| Filing 17 WAIVER OF SERVICE Returned Executed by I Walters, Jack Hendrix, Amy Eichmeier, Jodeana Raney, Mark Sevier, Mark Newkirk, Michael Osburn, Andrew Pazera, Matt Leohr, Dick Brown. Matt Leohr waiver sent on 10/4/2018, answer due 12/3/2018. (Wolfe, Christine) |
| Filing 16 WAIVER OF SERVICE Returned Executed by I Walters, Jack Hendrix, Amy Eichmeier, Jodeana Raney, Mark Sevier, Mark Newkirk, Michael Osburn, Andrew Pazera, Matt Leohr, Dick Brown. Jack Hendrix waiver sent on 10/4/2018, answer due 12/3/2018. (Wolfe, Christine) |
| Filing 15 WAIVER OF SERVICE Returned Executed by I Walters, Jack Hendrix, Amy Eichmeier, Jodeana Raney, Mark Sevier, Mark Newkirk, Michael Osburn, Andrew Pazera, Matt Leohr, Dick Brown. Amy Eichmeier waiver sent on 10/4/2018, answer due 12/3/2018. (Wolfe, Christine) |
| Filing 14 WAIVER OF SERVICE Returned Executed by I Walters, Jack Hendrix, Amy Eichmeier, Jodeana Raney, Mark Sevier, Mark Newkirk, Michael Osburn, Andrew Pazera, Matt Leohr, Dick Brown. Dick Brown waiver sent on 10/4/2018, answer due 12/3/2018. (Wolfe, Christine) |
| Filing 13 NOTICE of Appearance by Christine P Wolfe on behalf of Dick Brown, Amy Eichmeier, Jack Hendrix, Matt Leohr, Mark Newkirk, Michael Osburn, Andrew Pazera, Jodeana Raney, Mark Sevier, I Walters (Wolfe, Christine) |
| Filing 12 NOTICE of Appearance by David A Arthur on behalf of Dick Brown, Amy Eichmeier, Jack Hendrix, Matt Leohr, Mark Newkirk, Michael Osburn, Andrew Pazera, Jodeana Raney, Mark Sevier, I Walters (Arthur, David) |
| Filing 11 SUMMONS Returned Executed by USMS obo Leonard Thomas. Tim Axsom served on 10/26/2018, answer due 11/16/2018; Lowry Evans served on 10/25/2018, answer due 11/15/2018; Gloria Thode served on 10/25/2018, answer due 11/15/2018; I Walters served on 10/24/2018, answer due 11/14/2018. (rmc) |
Filing 10
ORDER: The Court ORDERS Leonard Thomas to file his trust fund ledgers for the past six months by 11/20/2018, and CAUTIONS him that, if he does not respond by this deadline, his in forma pauperis status may be revoked without further notice. Signed by Judge Jon E DeGuilio on 10/26/18. (Copy mailed to pro se party)(ksp)
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Filing 9
ORDER: The Court GRANTS Leonard Thomas until 11/16/2018 to provide additional information to assist the United States Marshals Service with serving process on Sergeant W. Lovings and Correctional Officer J. Wilson, and CAUTIONS him that, if he is unable to provide information about these defendants, they may be dismissed from this case without prejudice. Signed by Magistrate Judge Michael G Gotsch, Sr on 10/18/18. (Copy mailed to pro se party)(ksp)
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| Filing 8 Summons Issued as to Lowry Evans, Gloria Thode. NOTE:The attached document is accessible by court personnel only.(cc:USMS)(lpw) |
| Filing 7 Summons Issued as to I Walters. NOTE:The attached document is accessible by court personnel only. cc:USMS(lpw) |
| Filing 6 Summons Issued as to Tim Axsom. cc:USMS(lpw) |
| Filing 5 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Jack Hendrix, Cara Misetic, Vicki E. Burdine, Mary Ruth Sims, Samuel Byrd, Shannon Roden, Danielle D. Nance, Dick Brown, Matt Leohr, Michael Osborn, J. Walters, Amy Eichmeier, Tim Axsom, Jodeana Raney, Mark Sevier, Andrew Pazera, Mark Newkirk, Lowry Evans, Sergeant Lovings, Sergeant S. Miller, Officer J. Wilson, Gloria Thode, Barbara Eichmann, Brad S. Mazick, Eddie Taylor, Amjad Shihadeh, Andrew Liaw, Katherine Hutchinson, Joelynn Bigheart. (Copy mailed as directed in Order) Waiver of Service due by 11/5/2018. (Attachments: #1 Opinion and Order, #2 Complaint, #3 Exhibit 1-45, #4 Exhibit 46-86, #5 Exhibit 87-134, #6 Exhibit 135-170, #7 Exhibit 171-227, #8 Exhibit 228-297, #9 Exhibit 298-334, #10 Exhibit 335-400, #11 Exhibit 401-427, #12 Exhbit 428-470, #13 Exhibit 471-524, #14 Exhibit 525-571) (lhc) |
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Filing 4
OPINION AND ORDER: The Court GRANTS Leonard Thomas leave to proceed on a claim of First Amendment retaliation against Jack Hendrix, Cara Misetic, Vicki E. Burdine, Mary Ruth Sims, Samuel Byrd, Shannon Roden, Danielle D. Nance, Dick Brown, Matt Leohr, Michael Osborn, J. Walters, Amy Eichmeier, Tim Axsom, and Jodeana Raney for removing him from a therapy program and transferring him in January 2016; GRANTS leave to proceed on an Eighth Amendment clai mof deliberate indifference to serious medical needs against Jack Hendrix, Cara Misetic, Vicki E. Burdine, Mary Ruth Sims, Samuel Byrd, Shannon Roden, Danielle D. Nance, Dick Brown, Matt Leohr, Michael Osborn, J. Walters, Amy Eichmeier, Tim Axsom, and Jodeana Raney for removing him from a therapy program and transferring him in January 2016; GRANTS leave to proceed on an Eighth Amendment claim of deliberate indifference to serious medical needs against Mark Sevier, Andrew Pazera, Mark Newkirk, Lowry Evans, Sergeant Lovings, Sergeant S. Miller, Officer J. Wilson, Gloria Thode, Barbara Eichmann, Brad S. Mazick, Eddie Taylor, Amjad Shihadeh, Andrew Liaw, Katherine Hutchinson, and Joelynn Bigheart for failing to take measures to prevent Thomas from attempting suicide in early 2016; DISMISSES Charles Dalrymple and Leah R. Marsden; DISMISSES all other claims; DIRECTS the clerk and the United States Marshals Service to issue and serve process on the defendants at the Indiana Department of Correction with a copy of this order and the complaint #1 as required by 28 U.S.C. 1915(d); and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), that the defendants respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10.1, only to the claims for which Leonard Thomas has been granted leave to proceed in this screening order. Signed by Judge Jon E DeGuilio on 10/3/2018. (Copy mailed as directed in Order)(lhc)
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Filing 3
ORDER GRANTING the plaintiff leave to proceed in forma pauperis (ECF #2 ). WAIVES the initial partial filing fee. ORDERS the plaintiff, Leonard Thomas, IDOC # 175876, to pay (and the facility having custody of him to automatically remit) to the clerk of this court 20% of the money he receives for each calendar month during which he receives $10.00 or more, until the $350.00 filing fee is paid in full. DIRECTS the clerk to create a ledger for receipt of these funds. DIRECTS the clerk to send a copy of this order to each facility where the plaintiff is housed until the filing fee has been paid in full. Signed by Judge Jon E DeGuilio on 10/01/2018. (Copy mailed as directed in Order)(sct)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Leonard Thomas. (jld) |
| Filing 1 PRO SE COMPLAINT and with Jury Demand against Tim Axsom, Joelynn Bigheart, Dick Brown, Vickie Burdine, Samuel Byrd MD, Charles Dalrymple, Barbara Eichman MD, Amy Eichmeier, Lowry Evans, Jack Hendrix, Katherine Hutchinson, Matt Leohr, Andrew Liaw MD, W Lovings, Leah R Marsden MSW, Brad S Mazick, S Miller, Cara Misetic, Danielle D Nance PsyD, Mark Newkirk, Michael Osburn, Andrew Pazera, Jodeana Raney, Shannon Roden, Mark Sevier, Amjad Shihadeh MD, Mary Ruth Sims PhD, Eddie Taylor PhD, Gloria Thode, I Walters, J Wilson, filed by Leonard Thomas. No summons filed (Attachments: #1 Exhibit 1-45, #2 Exhibit 46-86, #3 Exhibit 87-134, #4 Exhibit 135-170, #5 Exhibit 171-227, #6 Exhibit 228-297, #7 Exhibit 298-334, #8 Exhibit 335-400, #9 Exhibit 401-427, #10 Exhibit 428-470, #11 Exhibit 471-524, #12 Exhibit 525-571)(jld) |
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