Ortiz v. Pearcy et al
| Valentin Ortiz, Jr |
| Wexford, Dr Pearcy, Ms Coros and Mark Sevier |
| WESTVILLE E-FILE(Court Use Only) |
| 3:2019cv00061 |
| January 28, 2019 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 9 NOTICE of Appearance by Douglass R Bitner on behalf of Dr Pearcy (Bitner, Douglass) |
| Filing 8 NOTICE of Appearance by Jarod M Zimmerman on behalf of Dr Pearcy (Zimmerman, Jarod) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Dr Pearcy. Dr Pearcy waiver sent on 2/5/2019, answer due 4/8/2019. (Zimmerman, Jarod) |
| Filing 6 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Dr. Pearcy. (Copy mailed as directed in Order) Waiver of Service due by 3/7/2019. (Attachments: #1 Opinion and Order, #2 Complaint) (lhc) |
Filing 5
OPINION AND ORDER: The Court GRANTS Valentin Ortiz, Jr., leave to proceed against Dr. Pearcy in his individual capacity for compensatory and punitive damages for failing to provide Ortiz with adequate dental care while housed at the Westville Correctional Facility, in violation of the Eighth Amendment; GRANTS leave to proceed against Dr. Pearcy for injunctive relief to provide Ortiz with adequate dental care, as required by the Eighth Amendment; DISMISSES all other claims; DISMISSES Wexford, Warden Mark Sevier and Ms. Coros; DIRECTS the clerk and the United States Marshals Service to issue and serve process on Dr. Pearcy at the Indiana Department of Correction with a copy of this order and the complaint #2 , pursuant to 28 U.S.C. 1915(d); ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), that Dr. Pearcy to 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; and CONSTRUES Ortiz's request for a preliminary injunction contained in hi scomplaint as a motion and DIRECTS Dr. Pearcy to file a declaration in response to Ortiz's request for a preliminary injunction along with his answer. Signed by Judge Jon E DeGuilio on 2/5/2019. (Copy mailed as directed in Order) (lhc)
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Filing 4
ORDER GRANTS the plaintiff leave to proceed in forma pauperis (ECF #3 ). ORDERS the plaintiff Valentin Ortiz, Jr., IDOC # 995333 to immediately pay(and the facility having custody of him to automatically remit) $17.85 to the clerk of this court as 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 percent 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 of court to ensure that a copy of this order is mailed to each facility where the plaintiff is housed until the filing fee has been paid in full. Signed by Judge Jon E DeGuilio on 02/04/2019. (Copy mailed as directed in Order)(sct)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Valentin Ortiz, Jr. (nae) |
| Filing 2 PRO SE COMPLAINT with 0 copies of summons forms and 0 copies of USM-285 forms and with Jury Demand against Ms Coros, Dr Pearcy, Mark Sevier, Wexford, filed by Valentin Ortiz, Jr.(nae) |
| Filing 1 Consent to Receipt of Documents Through Prisoner Electronic Filing Program (Westville) by Valentin Ortiz, Jr (nae) |
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