Valdivia v. Wexford Health Services et al
| Margarito Valdivia |
| Sherri Fritter, Nathan Bates, Jain P Neel, Dr Nancy Marthakis, Joshua Wallen, Diana Thews, Wexford Health Services, Wynn and Miles |
| 3:2020cv00819 |
| September 29, 2020 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Damon R Leichty |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on March 2, 2023. A more recent docket listing may be available from PACER.
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Filing 16
ORDER DENYING #15 Motion to Amend/Correct. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/24/2020. (Copy mailed to pro se party)(mrm)
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Filing 15
MOTION for Leave to Amend Complaint, by Plaintiff Margarito Valdivia. (Attachments: #1 Envelope)(kms)
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Filing 14
ORDER DENYING #8 MOTION to Reconsider #5 Opinion and Order, by Plaintiff Margarito Valdivia. Signed by Judge Damon R Leichty on 11/23/2020. (Copy mailed to pro se party) (lhc)
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Set/Reset Deadlines: Dr. Nancy Marthakis answer due 12/26/2020 per DE #11 . ***Return of Waiver of Service Deadline terminated. (nae)
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Filing 13
NOTICE of Appearance by Heather T Gilbert on behalf of Nancy Marthakis (Gilbert, Heather)
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Filing 12
NOTICE of Appearance by Thomas R Benton on behalf of Nancy Marthakis (Benton, Thomas)
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Filing 11
WAIVER OF SERVICE Returned Executed by Nancy Marthakis. (Benton, Thomas)
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Filing 10
Letter to Valdivia regarding fee for a copy of the Complaint. (kms)
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Filing 9
Letter from Margarito Valdivia requesting to purchase copy of Complaint. (Attachments: #1 Envelope) (kms)
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Filing 8
MOTION to Reconsider #5 Opinion and Order, by Plaintiff Margarito Valdivia. (Attachments: #1 Envelope)(kms)
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Filing 7
NOTICE by Margarito Valdivia requesting printout of all payments made toward filing fee. (ledger sent) (jld)
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Filing 6
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Dr. Nancy Marthakis. (Copy mailed as directed in Order) Waiver of Service due by 11/25/2020. (Attachments: #1 Opinion and Order, #2 Complaint) (lhc)
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Filing 5
OPINION AND ORDER: The court GRANTS Margarito Valdivia leave to proceed against Dr. Nancy Marthakis in her individual capacity for compensatory and punitive damages for being deliberately indifferent to his dislocated shoulder from November 22, 2019 to December 17, 2019, by discharging him without any follow up care in violation of the Eighth Amendment; DISMISSES all other claims; DISMISSES Wexford Health Services, Sherri Fritter, Diana Thews, NathanBates, Miles, Jain P. Neel, Wynn, and Joshua Wallen; DIRECTS the Clerk to request Waiver of Service from (and if necessary the United States Marshals Service to serve process on) Dr. Nancy Marthakis with a copy of this order and the complaint #1 , pursuant to 28 U.S.C. 1915(d); ORDERS Wexford of Indiana, LLC, to provide the United States Marshal Service with the full name, date of birth, social security number, last employment date, work location, and last known home address of any defendant who does not waive service if it has such information; and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Dr. Nancy Marthakis 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 Damon R Leichty on 10/23/2020. (Copy mailed as directed in Order)(lhc)
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Filing 4
Initial Partial Filing fee received: $ 31.68, receipt number 3025699. (kms)
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Filing 3
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. The Court ORDERS the plaintiff, Margarito Valdivia, IDOC # 245020, to immediately pay (and the facility having custody to automatically remit) $31.68 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 Damon R Leichty on 10/2/20. (Copy mailed as directed in Order). (nal)
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Filing 2
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Margarito Valdivia. (Attachments: #1 Trust Ledger)(jld)
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Filing 1
PRO SE COMPLAINT against Nathan Bates, Sherri Fritter, Nancy Marthakis, Miles, Jain P Neel, Diana Thews, Joshua Wallen, filed by Margarito Valdivia. (Attachments: #1 Cover Letter, #2 Additional Exhibits, #3 Notice, #4 Envelope)(jld)
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