Kimbrough v. Thompson et al
| John Wesley Kimbrough, III |
| Wexford of Indiana LLC, Robert Carter, Nancy Marthakis, Sherri Fritter, John Doe, Mark Newkirk, Joseph Thompson, Joshua Wallen, William Van Ness, Corizon, Rebecca Hess, Nikki Tafoya, Susan E Jones and Warden |
| INDIANA STATE PRISON E-FILE (Court Use Only) |
| 3:2018cv00887 |
| October 31, 2018 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Philip P Simon |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on June 18, 2019. A more recent docket listing may be available from PACER.
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| Filing 20 NOTICE of Appearance by Keri L Holleb Hotaling on behalf of John Wesley Kimbrough, III (Holleb Hotaling, Keri) |
Filing 19
ORDER GRANTING #4 Motion to Appoint Counsel; Attorney Keri L. Holleb Hotaling is appointed to represent plaintiff. Attorney Hotaling to file her appearance by 2/1/19; STRIKING #5 Motion for Preliminary Injunction with leave to be refiled by counsel for plaintiff. Telephonic Status Conference set for 2/1/2019 02:00 PM in US District Court - Hammond before Judge Philip P Simon. Signed by Judge Philip P Simon on 12/19/18. (Copy mailed as directed in Order)(mlc)
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| Filing 18 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Dr. Joseph Thompson, Dr. Nancy Marthakis, Dr. Rebecca Hess, Dr. Carl Kuenzli, Warden Ron Neal, Corizon, Wexford of Indiana LLC, and Susan Jones. Waiver of Service due by 1/18/2019. (Attachments: #1 Amended Complaint, #2 Motion for Injunctive Relief, #3 Order) (mlc) |
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Filing 17
OPINION AND ORDER; DENIES John Wesley Kimbrough, IIIs Motion to Amend Complaint (ECF 16) as MOOT; DIRECTS the clerk to file John Wesley Kimbrough, IIIs proposed amended complaint (ECF 16-1, 16-2); GRANTS John Wesley Kimbrough, III leave to proceed against Dr. Joseph Thompson, Dr. Nancy Marthakis, Dr. Rebecca Hess, and Dr. Carl Kuenzli in their individual capacities for compensatory and punitive damages for denying him adequate medical treatment for his rectal bleeding, in violation of the Eighth Amendment; GRANTS John Wesley Kimbrough, III leave to proceed against Dr. Nancy Marthakis, Dr. Rebecca Hess, and Warden Ron Neal in their official capacities for injunctive relief to provide him with adequate medical treatment for his rectal bleeding as required by the Eighth Amendment; GRANTS John Wesley Kimbrough, III leave to proceed against Corizon for compensatory and punitive damages for following a policy of denying necessary medical care that resulted in him receiving constitutionally inadequate care for his rectal bleeding, in violation of the Eighth Amendment; GRANTS John Wesley Kimbrough, III leave to proceed against Wexford of Indiana, LLC for compensatory and punitive damages for following a policy of denying necessary medical care that resulted in him receiving constitutionally inadequate care for his rectal bleeding, in violation of the Eighth Amendment; GRANTS John Wesley Kimbroughs leave to proceed against Susan Jones in her individual capacity for compensatory and punitive damages for First Amendment retaliation; GRANTS John Wesley Kimbrough, III leave to proceed against Wexford of Indiana, LLC for injunctive relief to provide him with adequate medical treatment for his rectal bleeding as required by the Eighth Amendment; DISMISSES any and all other claims in the complaint; DISMISSES Sherri Fritter, Nikki Tafoya, William Van Ness, Mark Newkirk, Joshua Wallen, and Robert Carter as defendants;DIRECTS the clerk and the United States Marshals Service, pursuant to 28 U.S.C. 1915(d), to issue and serve process, along with a copy of the amended complaint, the motion for preliminary injunction (ECF 5), and this order, on Dr. Joseph Thompson and Dr. Carl Kuenzli at their last known address since they are no longer employed with either Corizon or Wexford of Indiana, LLC; DIRECTS the clerk and the United States Marshals Service, pursuant to 28 U.S.C. 1915(d), to issue and serve process, along with a copy of the amended complaint, the motion for preliminary injunction (ECF 5), and this order, on Dr. Nancy Marthakis, Dr. Rebecca Hess, Susan Jones and Warden Ron Neal at the Indiana Department of Correction; DIRECTS the clerk and the United States Marshals Service, pursuant to 28 U.S.C. 1915(d), to issue and serve process, along with a copy of the amended complaint, the motion for preliminary injunction (ECF 5), and this order, on Corizon at 103 Powell Court, Brentwood, TN 37027; DIRECTS the clerk and the United States Marshals Service, pursuant to 28 U.S.C. 1915(d), to issue and serve process, along with a copy of the amended complaint, the motion for preliminary injunction (ECF 5), and this order, on Wexford of Indiana, LLC, at 9245 N. Meridian Street, Indianapolis, IN 46260; and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), that Dr. Joseph Thompson, Dr. Nancy Marthakis, Dr. Rebecca Hess, Dr. Carl Kuenzli, Warden Ron Neal, Susan Jones, Corizon, and Wexford of Indiana, LLC, respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claims for which the plaintiff has been granted leave to proceed in this screening order. Signed by Judge Philip P Simon on 12/18/18. (mlc)
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| Filing 16 MOTION to Amend #2 Pro Se Complaint,, by Plaintiff John Wesley Kimbrough, III. (Attachments: #1 Proposed Amended Complaint, #2 Exhibits)(nae) |
| Filing 15 RESPONSE to Defendant Ron Neals Declaration by John Wesley Kimbrough, III re #13 Affidavit. (nae) |
| Filing 14 RESPONSE to Defendant Nancy Marthakis' Affidavit by John Wesley Kimbrough, III re #13 Affidavit. (nae) |
| Filing 13 AFFIDAVIT of Warden Ron Neal by Warden. (Attachments: #1 Exhibit A Affidavit of Nancy Marthakis, M.D., #2 Exhibit B John Kimbrough Medical Records)(Hancock, Marley) |
| Filing 12 Initial Partial Filing fee: $ 16.82, receipt number 3021136 (jld) |
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Filing 11
ORDER GRANTING #10 Motion for Extension of Time to File Response by Dft Warden Brown. Dft's deadline to respond to Pla's Motion for Preliminary Injunction is EXTENDED to 11/29/2018. Signed by Judge Philip P Simon on 11/15/2018. (Copy mailed to pro se party)(lns)
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| Filing 10 MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Preliminary Injunction by Defendant Warden. (Hancock, Marley) |
| Filing 9 NOTICE of Appearance by Marley G Hancock on behalf of Warden (Hancock, Marley) |
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Filing 8
ORDER GRANTS #3 Motion for Leave to Proceed in forma pauperis; ORDERS the plaintiff, John Wesley Kimbrough, III, IDOC # 219656, to immediately pay (and the facility having custody of him to automatically remit) $16.82 to the clerk of this court in payment of the initial partial filing fee; ORDERS the plaintiff to pay 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; and 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 Philip P Simon on 11/5/2018. (Copy mailed to ISP Warden) (lhc)
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| Filing 7 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden of the Indiana State Prison. (Copy mailed to pro se party and Warden) Waiver of Service due by 12/5/2018. (Attachments: #1 Order, #2 Complaint, #3 Motion) (nal) |
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Filing 6
ORDER: The Court DIRECTS the clerk to add the Warden of the Indiana State Prison as a defendant, GRANTS plaintiff John Wesley Kimbrough leave to proceed against the Warden of the Indiana State Prison in his official capacity on an injunctive relief claim, DIRECTS the clerk and the United States Marshals Service to issue and serve process on the Warden of the Indiana State Prison at the Indiana Department of Correction with a copy of this order, the complaint ECF #2 , and the motion for preliminary injunction ECF #5 , WAIVES the Warden of Indiana State Prison's obligation to file an answer to the complaint pursuant to 42 U.S.C. 1997e(g)(2) until required in a subsequent order and ORDERS the Warden of the Indiana State Prison to file an affidavit or declaration as outlined in the order by 11/15/18. Signed by Judge Philip P Simon on 11/5/18. (Copy mailed to pro se party and Warden). (nal)
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| Set Deadline per #6 Order affidavit or declaration due by 11/15/2018. (nal) |
| Filing 5 MOTION for Preliminary Injunction by Plaintiff John Wesley Kimbrough, III. (nae) |
| Filing 4 MOTION for Appointment of Counsel by Plaintiff John Wesley Kimbrough, III. (nae) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff John Wesley Kimbrough, III. (nae) |
| Filing 2 PRO SE COMPLAINT with 0 copies of summons forms and 0 copies of USM-285 forms against Robert Carter, Corizon, John Doe, Sherri Fritter, Rebecca Hess, Susan E Jones, Nancy Marthakis, Mark Newkirk, Nikki Tafoya, Joseph Thompson, William Van Ness, Joshua Wallen, Wexford of Indiana LLC, filed by John Wesley Kimbrough, III. (Attachments: #1 Exhibits 1 -10, #2 Exhibits 11-16, #3 Exhibits 17-18, #4 Exhibits 19-41, #5 Exhibits 42-49, #6 Exhibits 50-57, #7 Exhibits 58-61, #8 Exhibits 62-113, #9 Exhibits 114-115, #10 Exhibits 116-117, #11 Exhibits 118-127, #12 Exhibits 128-138, #13 Exhibits 139-153, #14 Exhibits 154-159, #15 Exhibits 160-182, #16 Exhibit 183 Affidavit)(nae) |
| Filing 1 Consent to Receipt of Documents Through Prisoner Electronic Filing Program (ISP) by John Wesley Kimbrough, III (nae) |
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