Jemiolo v. Hyatt et al
| Joseph E Jemiolo |
| Wexford Medical, Bobby, Vernig Fanning, Lynn Fry, Hyatt, Renow, Jenifer Auston, Kinnager, Lee Ann Ivers, Robert E Carter, Houston, Merandet and State of Indiana |
| 3:2018cv01016 |
| December 19, 2018 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 13, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 34 INTERROGATORIES Propounded to Plaintiff, Joseph E. Jemiolo by Bobby.(Bitner, Douglass) |
| Filing 33 REQUEST for Production of Documents by Jenifer Auston, Bobby, Vernig Fanning, Lynn Fry, Lee Ann Ivers, Merandet.(Bitner, Douglass) |
| Filing 32 ANSWER to Complaint , Jury Demand and Affirmative Defenses by Jenifer Auston, Bobby, Vernig Fanning, Lynn Fry, Lee Ann Ivers, Merandet.(Bitner, Douglass) |
| Filing 31 NOTICE of Appearance by Douglass R Bitner on behalf of Jenifer Auston, Bobby, Vernig Fanning, Lynn Fry, Lee Ann Ivers, Merandet (Bitner, Douglass) |
| Filing 30 WAIVER OF SERVICE Returned Executed by Vernig Fanning. Vernig Fanning waiver sent on 12/27/2018, answer due 2/25/2019. (Bitner, Douglass) |
Filing 29
ORDER granting #28 Motion to Substitute Attorney. Attorney Amanda E Fiorini terminated. Approved by Magistrate Judge Michael G Gotsch, Sr on 2/1/19. (Copy mailed to pro se party)(slm)
|
| Filing 28 MOTION to Substitute Attorney Amanda E. Fiorini by Defendants Houston, Hyatt, Kinnager, Renow. (Wells, Destiny) |
| Filing 27 NOTICE of Appearance by Amanda E Fiorini on behalf of Houston, Kinnager, Renow (Fiorini, Amanda) |
| Filing 26 WAIVER OF SERVICE Returned Executed by Renow. Renow waiver sent on 12/27/2018, answer due 2/25/2019. (Esenwein, Jill) |
| Filing 25 WAIVER OF SERVICE Returned Executed by Houston. Houston waiver sent on 12/27/2018, answer due 2/25/2019. (Esenwein, Jill) |
| Filing 24 WAIVER OF SERVICE Returned Executed by Kinnager. Kinnager waiver sent on 12/27/2018, answer due 2/25/2019. (Esenwein, Jill) |
| Filing 23 NOTICE of Appearance by Jill E Esenwein on behalf of Houston, Kinnager, Renow (Esenwein, Jill) |
| Filing 22 WAIVER OF SERVICE Returned Executed by Jenifer Auston. Jenifer Auston waiver sent on 12/27/2018, answer due 2/25/2019. (Bitner, Douglass) |
| Filing 21 AFFIDAVIT re #20 Order,, Set Deadlines, of Sharon Hawk by Hyatt. (Attachments: #1 Exhibit Exhibit A)(Esenwein, Jill) |
|
Filing 20
ORDER: The court ORDERS Warden Hyatte to supplement his declaration to further address how Joseph E. Jemiolo's pain is being addressed while being transported to and from outside medical appointments in a manner that complies with the Eighth Amendment's requirements and why his requests should not be honored. Warden Hyatte shall do so by close of business on 1/14/2019. Signed by Judge Jon E DeGuilio on 1/10/2019. (Copy mailed to pro se party)(rmc)
|
| Filing 19 NOTICE of Appearance by Amanda E Fiorini on behalf of Hyatt (Fiorini, Amanda) |
| Filing 18 AFFIDAVIT of William Hyatte by Hyatt. (Attachments: #1 Exhibit Exhibit A-1)(Esenwein, Jill) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Hyatt. Hyatt waiver sent on 12/27/2018, answer due 2/25/2019. (Esenwein, Jill) |
| Filing 16 NOTICE of Appearance by Jill E Esenwein on behalf of Hyatt (Esenwein, Jill) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Merandet. Merandet waiver sent on 12/27/2018, answer due 2/25/2019. (Bitner, Douglass) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Lee Ann Ivers. Lee Ann Ivers waiver sent on 12/27/2018, answer due 2/25/2019. (Bitner, Douglass) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Bobby. Bobby waiver sent on 12/27/2018, answer due 2/25/2019. (Bitner, Douglass) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Lynn Fry. Lynn Fry waiver sent on 12/27/2018, answer due 2/25/2019. (Bitner, Douglass) |
| Filing 11 Initial Partial Filing fee: $ 27.00, receipt number 3021447 (jld) |
| Filing 10 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Head of Medical Lynn Fry, Superintendent Hyatt, RN Jenifer Auston, RN Vernia Fanning, Regional Director Leann Ivers, DON Bobby, CO Houston, CO Renow, Lieutenant Kinnager, Dr. Marandet. (Copy mailed as directed in Order) Waiver of Service due by 1/28/2019. (Attachments: #1 Opinion and Order, #2 Complaint) (nae) |
|
Filing 9
OPINION AND ORDER re #1 Pro Se Complaint, GRANTS Joseph E. Jemiolo leave to proceed against Head of Medical Lynn Fry in her individual capacity for compensatory and punitive damages for deliberate indifference to his pain when denying him the use of a wheelchair during transport to medical visits outside the facility, in violation of the Eighth Amendment; GRANTS Joseph E. Jemiolo leave to proceed against Head of Medical Lynn Fry and Superintendent Hyatt in their official capacities for injunctive relief to address Jemiolos pain during transport to medical visits outside the facility in a manner that complies with the Eighth Amendment; GRANTS Joseph E. Jemiolo leave to proceed against RN Jenifer Auston, RN Vernia Fanning, Regional Direction Leann Ivers, Head of Medical Lynn Fry, DON Bobby, CO Houston, CO Renow, and Lieutenant Kinnager in their individual capacities for compensatory and punitive damages for being deliberately indifferent to his serious medical needs when he returned to the Miami Correctional Facility with injuries on April 14, 2018, in violation of the Eighth Amendment; GRANTS Joseph E. Jemiolo leave to proceed against RN Vernia Fanning, Dr. Marandet, and Head of Medical Lynn Fry in their individual capacities for compensatory and punitive damages for deliberate indifference to Jemiolos pain when reducing his pain medication following his injuries on April 14, 2018; DISMISSES all other claims pursuant to 28 U.S.C. 1915A; DISMISSES Commissioner Robert E. Carter, State of Indiana, and Wexford Medical pursuant to 28 U.S.C. 1915A; DIRECTS the clerk and the United States Marshals Service to issue and serve process on Superintendent Hyatt, Dr. Marandet, RN Jenifer Auston, RN Vernia Fanning, Regional Director Leann Ivers, Head of Medical Lynn Fry, DON Bobby, CO Houston, CO Renow, and Lieutenant Kinnager at the Indiana Department of Correction with a copy of this order and the complaint (ECF #1 ) as required by 28 U.S.C. 1915(d);ORDERS Superintendent Hyatt to file an affidavit or declaration with the court by January 10, 2018, explaining how Joseph E. Jemiolos pain is being addressed while being transported to and from outside doctors appointment in a manner that complies with the Eighth Amendments requirements; and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), that Superintendent Hyatt, Dr. Marandet, RN Jenifer Auston, RN Vernia Fanning, Regional Director Leann Ivers, Head of Medical Lynn Fry, DON Bobby, CO Houston, CO Renow, and Lieutenant Kinnager 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 Jon E DeGuilio on 12/27/2018. (Copy mailed as directed in Order) Party Wexford Medical, Robert E Carter (Commissioner) and State of Indiana terminated.(nae)
|
|
Filing 8
ORDER GRANTING the plaintiff leave to proceed in forma pauperis (ECF #2 ). ORDERS the plaintiff, Joseph E. Jemiolo, IDOC # 232750, to immediately pay (and the facility having custody of him to automatically remit) $27.00 to the clerk of this court in payment of the initial partial filing fee. ORDERS the plaintiff 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 12/21/2018. (Copy mailed as directed in Order)(sct)
|
| Filing 7 Case transferred in from District of Indiana Southern; Case Number 1:18-cv-03750. Original file and docket sheet received. (Returned copy to Jemiolo with INND case number) |
| Filing 6 Transfer Letter to Clerk of the Northern District of Indiana. Case transferred electronically to Northern District of Indiana, on 12/13/2018. (DWH) [Transferred from Indiana Southern on 12/19/2018.] |
|
Filing 5
CLOSED TRANSFER to NORTHERN DISTRICT OF INDIANA - The motion to proceed in forma pauperis remains pending. Accordingly, the above action is now TRANSFERRED to the United States District Court for the Northern District of Indiana at South Bend, Indiana (SEE ORDER). Signed by Judge James Patrick Hanlon on 12/13/2018. Copy to Plaintiff via US Mail. (DWH) [Transferred from Indiana Southern on 12/19/2018.]
|
| Filing 4 CONSENT to Jurisdiction to US Magistrate Judge by JOSEPH JEMIOLO. (DWH) [Transferred from Indiana Southern on 12/19/2018.] |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) [Transferred from Indiana Southern on 12/19/2018.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, JOSEPH JEMIOLO. (Attachments: #1 inmate account records)(DJH) [Transferred from Indiana Southern on 12/19/2018.] Modified on 12/19/2018 to remove term date, motion is pending (nae). |
| Filing 1 COMPLAINT against JENIFER AUSTON, BOBBY, ROBERT E. CARTER, VERNIG FANNING, LYNN FRY, HOUSTON, HYATT, LEE ANN IVERS, KINNAGER, MERANDET, RENOW, STATE OF INDIANA, and WEXFORD MEDICAL, filed by JOSEPH JEMIOLO. (No fee paid with this filing) (DJH) [Transferred from Indiana Southern on 12/19/2018.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Indiana Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
