Matlock v. Lewis et al
| Barry W Matlock and Barry Wade Matlock |
| Jody Kupferberg, Officer McKinney, Wexford of Indiana, Mark Sevier, DeAngela Lewis and Jackson |
| WESTVILLE E-FILE(Court Use Only) |
| 3:2019cv00202 |
| March 20, 2019 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on October 21, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 29 MOTION for Preliminary Injunction by Plaintiff Barry W Matlock. (nae) |
| Filing 28 ANSWER to Interrogatories from Mark Sevier by Mark Sevier.(Stover, Jordan) |
Filing 27
ORDER denying #26 Motion to Compel. Signed by Magistrate Judge Michael G Gotsch, Sr on 7/8/19. (nal)
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| Filing 26 MOTION to Compel discovery by Plaintiff Barry W Matlock. (lpw) |
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Filing 25
ORDER denying #23 Motion to Appoint Counsel. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/18/19. (Copy sent to Pro Se Party via prisoner e-file). (ksc)
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| Filing 24 Initial Partial Filing fee: $ 22.18, receipt number 3022563 (jld) |
| Filing 23 Prisoner MOTION for Appointment of Counsel by Plaintiff Barry W Matlock. (Attachments: #1 Inmate Trust Fund Acct Ledger, #2 Exhibits)(nae) |
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Filing 22
ORDER DENYING the request to issue a subpoena (ECF 19); GRANTING #20 Motion for Extension of Time to File Response; and EXTENDING the deadline for Mark Sevier to respond to the interrogatories to 7/9/2019. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/11/19. (ksp)
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| Filing 21 Summons Issued as to Jackson, Jody Kupferberg, DeAngela Lewis.CC USMS with attachments. (lpw) |
| Filing 20 MOTION for Extension of Time to File Response/Reply as to #13 Interrogatories Propounded by Defendant Mark Sevier. (Stover, Jordan) |
| Filing 19 Proposed Subpoena to Bob Busher, Cheif Counsel, DOC Central Office by Barry W Matlock.(nae) |
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Filing 18
ORDER re #16 granting MOTION to Withdraw Motion for Leave to Withdraw Appearance of Jill Esenwein filed by Mark Sevier. Attorney Jill E Esenwein terminated.Approved by Magistrate Judge Michael G Gotsch, Sr on 5/28/19. (slm)
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| Filing 17 Defendant's ANSWER to Complaint by Mark Sevier.(Stover, Jordan) |
| Filing 16 MOTION to Withdraw Motion for Leave to Withdraw Appearance of Jill Esenwein by Defendant Mark Sevier. (Guillory, Ryan) |
| Filing 15 NOTICE of Appearance by Ryan J Guillory on behalf of Mark Sevier (Guillory, Ryan) |
| Filing 14 AFFIDAVIT re: lack of medical care by Barry W Matlock. (jld) |
| Filing 13 INTERROGATORIES Propounded to Mark Sevier by Barry W Matlock.(nae) |
| Filing 12 INTERROGATORIES Propounded to Dr Jackson by Barry W Matlock.(nae) |
| Filing 11 INTERROGATORIES Propounded to Jody Kupferberg by Barry W Matlock.(nae) |
| Filing 10 INTERROGATORIES Propounded to DeAngela Lewis by Barry W Matlock.(nae) |
| Filing 9 NOTICE of Appearance by Jill E Esenwein on behalf of Mark Sevier (Esenwein, Jill) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Mark Sevier. Mark Sevier waiver sent on 3/29/2019, answer due 5/28/2019. (Stover, Jordan) |
| Filing 7 NOTICE of Appearance by Jordan M Stover on behalf of Mark Sevier (Stover, Jordan) |
| Filing 6 Consent to Receipt of Documents Through Prisoner Electronic Filing Program (Westville) by Barry W Matlock (nae) |
| Filing 5 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Mark Sevier, Jody Kupferberg, DeAngela Lewis, Dr Jackson. Waiver of Service due by 4/26/2019. (Attachments: #1 Order, #2 Complaint) (sct) |
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Filing 4
OPINION AND ORDER GRANTS Barry W. Matlock leave to proceed on an Eighth Amendment claim of deliberate indifference to serious medical needs against Mark Sevier, Jody Kupferberg, DeAngela Lewis, and Dr. Jackson for forcing him to buy famotidine from the commissary and for refusing to address his knee braces. GRANTS Barry W. Matlock leave to proceed on a First Amendment claim against Jody Kupferberg and Dr. Jackson for refusing to treat his knee and for writing him up for insubordination in retaliation for filing medical grievances. GRANTS Barry W. Matlock leave to proceed on an injunctive relief claim against Mark Sevier in his official capacity to obtain treatment for his gastroesophageal reflux disease and arthritic knees as required by the Eighth Amendment. DISMISSES Officer McKinney and Wexford of Indiana. DISMISSES all other claims. DIRECTS the clerk and the United States Marshals Service to issue and serve process on Mark Sevier, Jody Kupferberg, DeAngela Lewis, and Dr. Jackson, 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, pursuant to 42 U.S.C. 1997e(g)(2), Mark Sevier, Jody Kupferberg, DeAngela Lewis, and Dr. Jackson 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 Barry W. Matlock, has been granted leave to proceed in this screening order. Signed by Judge Jon E DeGuilio on 3/27/2019. (Copy mailed to pro se party)(sct)
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Filing 3
ORDER GRANTS the motion for leave to proceed in forma pauperis (ECF #2 ). ORDERS the plaintiff, Barry W. Matlock, IDOC # 144752, to immediately pay (and the facility having custody of him to automatically remit) $22.18 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 3/26/2019. (Copy mailed as directed in Order)(sct)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Barry W Matlock. (nae) |
| Filing 1 PRO SE COMPLAINT with 0 copies of summons forms and 0 copies of USM-285 forms against Jackson, Jody Kupferberg, DeAngela Lewis, Officer McKinney, Mark Sevier, Wexford of Indiana, filed by Barry W Matlock. (Returned copy with case number to Matlock) (Attachments: #1 Exhibits)(nae) |
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