Thrash v. Nevels et al
| Nicholas Thrash |
| Captian Moss, Kevin Carmichales, Mellisa Sugart, Reggie Nevels, Craig Persinger, Captian Fleece and Tracy Sullivan |
| INDIANA STATE PRISON E-FILE (Court Use Only) |
| 3:2019cv00200 |
| March 21, 2019 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Robert L Miller |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 31, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 40
CLERK'S ENTRY OF JUDGMENT. (ash)
|
|
Filing 39
OPINION AND ORDER: The Court GRANTS #33 MOTION for Summary Judgment by Defendant Tracy Sullivan and enters judgment in favor of Nurse Tracy Sullivan. The clerk is DIRECTED to close this case. Signed by Judge Robert L Miller, Jr on 8/31/2022. (ash)
|
|
Filing 38
REPLY to Response to Motion re #33 MOTION for Summary Judgment filed by Tracy Sullivan. (Bitner, Douglass)
|
|
Filing 37
RESPONSE to #33 MOTION for Summary Judgment , titled as Plaintiffs Objection to Defendants Motion for Summary Judgment, filed by Nicholas Thrash. (kmt)
|
|
Filing 36
NOTICE of Change of Address/Contact Information (Bitner, Douglass)
|
|
Filing 35
NOTICE by Tracy Sullivan re #33 MOTION for Summary Judgment of Right to Reply (Bitner, Douglass)
|
|
Filing 34
MEMORANDUM in Support of #33 MOTION for Summary Judgment filed by Tracy Sullivan. (Attachments: #1 Exhibit Designation of Evidence-Index of Exhibits, #2 Exhibit A - Affidavit of Tracy Sullivan EXECUTED), #3 Exhibit B - Deposition Transcript of Plaintiff, #4 Exhibit C - Plaintiff's Medical Records (Redacted))(Bitner, Douglass)
|
|
Filing 33
MOTION for Summary Judgment by Defendant Tracy Sullivan. (Bitner, Douglass)
|
|
Filing 32
ORDER GRANTING #30 Motion to Take Deposition from Nicholas Thrash by Defendant Tracy Sullivan. The deposition may be conducted remotely due the COVID-19 pandemic. The clerk is DIRECTED to send a copy of this order to the Litigation Liaison at Indiana State Prison. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/26/2022. (Copy mailed to Litigation Liaison at Indiana State Prison)(asd)
|
|
Filing 31
NOTICE to Take Deposition of Nicholas Thrash by Tracy Sullivan.(Bitner, Douglass)
|
|
Filing 30
MOTION to Take Deposition from Nicholas Thrash by Defendant Tracy Sullivan. (Bitner, Douglass)
|
|
Filing 29
DISCOVERY - Answering Document #26 filed 1/13/22 by Nicholas Thrash.(nae)
|
|
Filing 28
(previously received) Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Nicholas Thrash. Pursuant to General Order 2018-1, documents submitted to the court for filing will generate a Notice of Electronic Filing that will constitute official service upon registered users of CM/ECF. If any parties to the case are not registered CM/ECF users, the Clerk of the Court will mail the document via U.S. Postal Service on behalf of the inmate. NOTE: The E-Filing Program does not affect the obligation of other parties to serve copies of documents in accordance with the Federal Rules of Civil Procedure. (nae)
|
|
Filing 27
REQUEST for Production of Documents by Tracy Sullivan.(Bitner, Douglass)
|
|
Filing 26
INTERROGATORIES Propounded to Plaintiff by Tracy Sullivan.(Bitner, Douglass)
|
|
Filing 25
MAGISTRATE JUDGE CONSENT FORMS sent to all parties. Magistrate Consent forms due by 1/5/2022. (lhc)
|
|
Filing 24
SCHEDULING ORDER: Upon review of the notice filed by the Defendant indicating that she is withdrawing her exhaustion defense #22 , this affirmative defense is WITHDRAWN. After reviewing the status reports (ECF #21 and #23 ), the Court DIRECTS the clerk to issue Magistrate Consent Forms and ENTERS the following scheduling order: the deadline for joining parties and amending pleadings is 1/24/2022; the deadline for initiating discovery is 5/23/2022; the deadline for completing discovery is 6/23/2022; the deadline for filing dispositive motions is 7/25/2022.The Court REMINDS the parties: under Federal Rule of Civil Procedure 16(b)(4), this scheduling order can be modified only for good cause; under Federal Rule of Civil Procedure 26(a)(1)(B)(iv), this case is exempt from exchanging initial disclosures; under Northern District of Indiana Local Rule 26-2(a)(2)(A), all discovery must be filed in this case; and, under Northern District of Indiana Local Rule 56-1(f), "A party seeking summary judgment against an unrepresented party must serve that party with the notice contained in Appendix C." Signed by Magistrate Judge Michael G Gotsch, Sr on 12/15/2021. (lhc)
|
|
Filing 23
STATUS REPORT by Nicholas Thrash. (jld)
|
|
Filing 22
NOTICE by Tracy Sullivan of Withdrawal of Affirmative Defense (Exhaustion) (Bitner, Douglass)
|
|
Filing 21
STATUS REPORT by Tracy Sullivan. (Bitner, Douglass)
|
|
Filing 20
STATUS REPORT ORDER: The Court GRANTS the defendant until December 20, 2021, to file a summary judgment motion based on the exhaustion of administrative remedies; CAUTIONS the defendant this affirmative defense will be waived if it is not raised in a summary judgment motion by the deadline; REMINDS the defendant Local Rule 56-1 requires, "A party seeking summary judgment against an unrepresented party must serve that party with the notice contained in Appendix C;" and ORDERS defense counsel and the unrepresented plaintiff to separately prepare and file brief status reports by December 20, 2021. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/2/21. (ksp)
|
|
Filing 19
ANSWER to Complaint , Jury Demand and Affirmative Defenses by Tracy Sullivan.(Bitner, Douglass)
|
|
Filing 18
NOTICE of Appearance by Douglass R Bitner on behalf of Tracy Sullivan (Bitner, Douglass)
|
|
Filing 17
WAIVER OF SERVICE Returned Executed by Tracy Sullivan. Tracy Sullivan waiver sent on 10/4/2021, answer due 12/3/2021. (Bitner, Douglass)
|
|
Filing 16
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Nurse Tracy Sullivan. Waiver of Service due by 11/3/2021. (Attachments: #1 Order, #2 Complaint) (bas)
|
|
Filing 15
OPINION AND ORDER: The court GRANTS the plaintiff leave to proceed against Nurse Tracy Sullivan in her personal capacity for money damages for denying him necessary medical care for a cyst on his testicle from September 2017 to February 2018 in violation of the Fourteenth Amendment; DISMISSES all other claims; DISMISSES Reggie Nevels, Kevin Carmichaels, Melissa Sugart, Captain Moss, Captain Fleece, and Craig Persinger as defendants; DIRECTS the clerk to request a Waiver of Service from (and if necessary, the United States Marshals Service to use any lawful means to locate and serve process on) Nurse Tracy Sullivan at Quality Correctional Care, LLC, and to send her a copy of this order and the complaint pursuant to 28 U.S.C. 1915(d); ORDERS Quality Correctional Care, LLC, to provide the United States Marshal Service with the full name, date of birth, and last known home address of any defendant who does not waive service, to the extent this information is available; and ORDERS Nurse Tracy Sullivan to respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claim for which the plaintiff has been granted leave to proceed in this screening order. Signed by Judge Robert L Miller, Jr on 10/4/2021. (bas)
|
|
Filing 14
Docket sheet to be distributed to Nicholas Thrash #251751 as requested in DE #13 . (kms)
|
|
Filing 13
Letter from Nicholas Thrash requesting copy of docket sheet. (Attachments: #1 Envelope) (kms)
|
|
Filing 12
FINAL PAYMENT FROM PRISONER. Letter sent to Warden of prison. (cc: Thrash) (kms)
|
|
Filing 11
RESPONSE to Discovery Request from Nicholas Thrash by Nicholas Thrash.(nae) (Additional attachment(s) added on 9/13/2019: #1 Corrected Main Document) (nae).
|
|
Filing 10
"ORDER" Plaintiff's REQUEST for Production of Documents by Nicholas Thrash.(jld)
|
|
Filing 9
Initial Partial Filing fee: $ 9.97, receipt number 3023027 (nae)
|
|
Filing 8
ORDER DENYING #4 Motion to Appoint Counsel. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/5/19. (ksp)
|
|
Filing 7
ORDER granting #3 Motion for Leave to Proceed in forma pauperis. The Court ORDERS the plaintiff, Nicholas Thrash, IDOC #251751, to immediately pay (and the facility having custody to automatically remit) $9.97 to the clerk in payment of the initial partial filing fee, ORDERS the plaintiff to pay (and the facility having custody to automatically remit) to the clerk 20% of the money received for each calendar month during which $10.00 or more is received, 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 Robert L Miller, Jr on 8/1/19. (Copy mailed as directed in Order). (nal)
|
|
Filing 6
Copy of docket sheet to be distributed to Nicholas Thrash #251751 as requested in Letter DE #5 . (nae)
|
|
Filing 5
Letter from Nicholas Thrash requesting status of case. (Docket sheet sent) (nae)
|
|
Filing 4
MOTION for Appointment of Counsel for 42 USC 1983 Civil Rights Complaint by Plaintiff Nicholas Thrash. (nae)
|
|
Filing 3
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Nicholas Thrash. (nae)
|
|
Filing 2
PRO SE COMPLAINT with 6 copies of summons forms and 6 copies of USM-285 forms against Kevin Carmichales, Captian Fleece, Captian Moss, Reggie Nevels, Craig Persinger, Mellisa Sugart, Tracy Sullivan, filed by Nicholas Thrash. (Attachments: #1 Proposed Summons and USM 285 Forms)(nae)
|
|
Filing 1
Consent to Receipt of Documents Through Prisoner Electronic Filing Program (ISP) by Nicholas Thrash (nae)
|
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.
