Richards v. The Geo Group et al
Plaintiff: Danny R Richards
Defendant: Wexford of Indiana, Moore, Mr Newkirk, French, Wexford of Ind, Wexford Health Sources Inc, Jane Doe 3, Adams, Jane Doe 4, Reed, Jane Doe #1, Jane Doe #2, N Marthakis, Hord, NCCF, Seye, Warden, Commissioner Robert E Carter, Jr, Neal, Williams, MRS. Owens, D Thews, Betters, Gard, John Doe #1, The Geo Group, John Doe #2, Ndaiye and Fritters
Not Classified By Court: INDIANA STATE PRISON E-FILE (Court Use Only)
Case Number: 3:2020cv00952
Filed: November 11, 2020
Court: US District Court for the Northern District of Indiana
Presiding Judge: Michael G Gotsch
Referring Judge: Damon R Leichty
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 5, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 5, 2021 Filing 38 NOTICE of Appearance by Alexander R Carlisle on behalf of Neal (Carlisle, Alexander)
December 30, 2020 Filing 37 NOTICE of Appearance by Alexander R Carlisle on behalf of Neal (Carlisle, Alexander) ***FILING ERROR; ATTORNEY INSTRUCTED TO REFILE; REFILED AT #38 *** Modified on 1/5/2021 (ace).
December 29, 2020 Opinion or Order Filing 32 ORDER granting #31 Motion to Withdraw as Attorney. Attorney David C Dickmeyer terminated. Approved by Magistrate Judge Michael G Gotsch, Sr on 12/29/20. (slm)
December 28, 2020 Filing 36 MOTION for Leave to File an Amended and Supplemental Complaint, by Plaintiff Danny R Richards. (Attachments: #1 Proposed Amended Complaint)(kms)
December 28, 2020 Filing 35 Plaintiff's MOTION for Docket Update, by Plaintiff Danny R Richards. (kms)
December 28, 2020 Filing 34 Plaintiff's MOTION for Extension and Reconsideration, by Plaintiff Danny R Richards. (Attachments: #1 Envelope)(kms)
December 28, 2020 Filing 33 Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Danny R Richards. 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. (kms)
December 23, 2020 Filing 31 MOTION to Withdraw as Attorney by Defendant Neal. (Dickmeyer, David)
December 23, 2020 Opinion or Order Filing 30 ORDER: For the reasons set forth in this order, the plaintiff's motions #9 , #12 , #27 are DENIED. Signed by Judge Damon R Leichty on 12/23/2020. (Copy mailed to pro se party) (jat)
December 15, 2020 Filing 29 WAIVER OF SERVICE Returned Executed by Neal. Neal waiver sent on 11/13/2020, answer due 1/12/2021. (Dickmeyer, David)
December 14, 2020 Filing 28 RESPONSE to Motion re #9 Preliminary Injunction filed by Neal. (Attachments: #1 Exhibit 1 - Thews Decl, #2 Exhibit 2 - Med Records)(Dickmeyer, David)
December 14, 2020 Filing 27 Plaintiff's MOTION for Clarification by Plaintiff Danny R Richards. (bas)
December 1, 2020 Waiver of Service Deadlines terminated. (mlc)
November 30, 2020 Filing 26 NOTICE of Appearance by Douglass R Bitner on behalf of Fritters, N Marthakis, D Thews (Bitner, Douglass)
November 30, 2020 Filing 25 WAIVER OF SERVICE Returned Executed by D Thews. D Thews waiver sent on 11/13/2020, answer due 1/12/2021. (Bitner, Douglass)
November 30, 2020 Filing 24 WAIVER OF SERVICE Returned Executed by N Marthakis. N Marthakis waiver sent on 11/13/2020, answer due 1/12/2021. (Bitner, Douglass)
November 30, 2020 Filing 23 WAIVER OF SERVICE Returned Executed by Fritters. Fritters waiver sent on 11/13/2020, answer due 1/12/2021. (Bitner, Douglass)
November 23, 2020 Filing 22 NOTICE of Appearance by Anna Wei Elcesser on behalf of Neal (Elcesser, Anna)
November 23, 2020 Filing 21 NOTICE of Appearance by David C Dickmeyer on behalf of Neal (Dickmeyer, David)
November 13, 2020 Filing 20 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Dr. Nancy Marthakis, Nurse Practitioner D. Thews, and Nurse Sherrie Fritters at Wexford of Indiana, LLC. Waiver of Service due by 12/14/2020. (Attachments: #1 Amended Complaint, #2 Opinion and Order) (shk)
November 13, 2020 Filing 19 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden Ron Neal. Waiver of Service due by 12/14/2020. (Attachments: #1 Amended Complaint, #2 Opinion and Order) (shk)
November 12, 2020 Opinion or Order Filing 18 OPINION AND ORDER: The court GRANTS the plaintiff leave to proceed against Dr. Nancy Marthakis, Nurse Practitioner D. Thews, and Nurse Sherrie Fritters in their personal capacities for monetary damages for failing to provide adequate medical care for his pain and digestive issues from January 2020 to the present in violation of the Eighth Amendment; GRANTS the plaintiff leave to proceed against Warden Ron Neal in his official capacity on an Eighth Amendment claim to obtain injunctive relief related to medical care needed to address his pain and digestive issues; DISMISSES all other claims; DISMISSES the GEO Group, Warden, NCCF, Mrs. French, Mrs. Owens, Capt. Adams, Sgt. Seye, Sgt. Ndaiye, Ms. Moore, John Doe #1, Jane Doe #1, Mr. Betters, Ms. Gard, John Doe #2, Mr. Reed, Wexford of Indiana, Mrs. Hord, Mrs. Williams, Jane Doe #2, Jane Doe #3, Jane Doe #4, Commissioner Robert E. Carter, and Mr. Newkirk; DIRECTS the clerk to request a Waiver of Service from Warden Ron Neal by email to the Indiana Department of Correction; DIRECTS the clerk to fax or email a copy of the same documents to Warden Ron Neal at Indiana State Prison; DIRECTS the United States Marshals Service to serve process on Warden Ron Neal pursuant to 28 U.S.C. 1915(d) by 12/7/2020, if he has not filed an appearance by 11/30/2020; ORDERS Warden Ron Neal to file and serve a response to the motion12/14/2020, with supporting medical documentation and declarations from staff as necessary; DIRECTS, the clerk to request a Waiver of Service from (and if necessary the United States Marshals Service to serve process on) Dr. Nancy Marthakis, Nurse Practitioner D. Thews, and Nurse Sherrie Fritters at Wexford of Indiana, LLC; ORDERS the Indiana Department of Correction and 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, to the extent this information is available; and (11) ORDERS Warden Ron Neal, Dr. Nancy Marthakis, Nurse Practitioner D. Thews, and Nurse Sherrie Fritters to respond, as provided 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 Damon R Leichty on 11/12/2020. (Copy mailed as directed in Order)(shk)
November 12, 2020 Opinion or Order Filing 17 ORDER: The court ORDERS the plaintiff, Danny R. Richards, IDOC # 866216, 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 11/12/2020. (Copy mailed to pro se party and Indiana State Prison)(bas)
November 11, 2020 Filing 16 Case transferred in from District of Indiana Southern; Case Number 1:20-cv-02457. Original file and docket sheet received.
November 9, 2020 Filing 15 Transfer Letter to Clerk of the Northern District of Indiana. Case transferred electronically to Northern District of Indiana, on 11/7/2020. (JDC) [Transferred from Indiana Southern on 11/11/2020.]
November 9, 2020 Filing 13 AMENDED COMPLAINT filed by DANNY R. RICHARDS.(JDC) [Transferred from Indiana Southern on 11/11/2020.]
November 7, 2020 Opinion or Order Filing 14 CLOSED TRANSFER to the United States District Court for the Northern District of Indiana, South Bend Division, at South Bend, Indiana. Indiana Department of Correction inmate Danny Richards commenced this 42 U.S.C. 1983 action on September 23, 2020, and the Court granted him in forma pauperis status on October 6, 2020. Dkt. 7. Before the Court screened the plaintiff's original complaint, which raised claims related to the medical care he received at New Castle Correctional Facility, he filed a motion for leave to file an amended complaint. That motion, dkt. #8 , is granted. The clerk is directed to re-docket the proposed amended complaint at docket 8-1 as the Amended Complaint which is now the operative complaint in this action. The plaintiff's motion for preliminary injunction and temporary restraining order, dkt. #9 , and motion for evidentiary hearing, dkt. #12 , remain pending for consideration by the Northern District, however the clerk is directed to terminate these motions on this Court's docket. ***SEE ORDER FOR ADDTITIONAL INFORMATION*** Signed by Judge James R. Sweeney II on 11/7/2020.(JDC) [Transferred from Indiana Southern on 11/11/2020.]
November 4, 2020 Filing 12 MOTION For an Evidentiary Hearing re #9 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order, filed by Plaintiff DANNY R. RICHARDS. (JDC) [Transferred from Indiana Southern on 11/11/2020.] Modified on 11/11/2020 to unterm pending motion(jld).
November 4, 2020 Filing 11 AFFIDAVIT of Authenticity re #9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order by DANNY R. RICHARDS. (JDC) [Transferred from Indiana Southern on 11/11/2020.]
November 4, 2020 Filing 10 BRIEF/MEMORANDUM in Support re #9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order, filed by Plaintiff DANNY R. RICHARDS. (JDC) [Transferred from Indiana Southern on 11/11/2020.]
November 4, 2020 Filing 9 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order, filed by Plaintiff DANNY R. RICHARDS. (Attachments: #1 Exhibit)(JDC) [Transferred from Indiana Southern on 11/11/2020.] Modified on 11/11/2020 to unterm pending motion(jld).
October 28, 2020 Filing 8 MOTION for Leave to File Amended Complaint, filed by Plaintiff DANNY R. RICHARDS. (Attachments: #1 amended complaint)(JDC) [Transferred from Indiana Southern on 11/11/2020.]
October 6, 2020 Opinion or Order Filing 7 ORDER granting #3 Motion for Leave to Proceed in forma pauperis. ***SEE ORDER FOR ADDITIONAL INFORMATION*** Signed by Judge James R. Sweeney II on 10/6/2020. (JDC) [Transferred from Indiana Southern on 11/11/2020.]
October 2, 2020 Filing 6 CONSENT to Jurisdiction to US Magistrate Judge by DANNY R. RICHARDS. (JDC) [Transferred from Indiana Southern on 11/11/2020.]
September 25, 2020 Filing 5 NOTICE to Pro se Litigant - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. (TMC) [Transferred from Indiana Southern on 11/11/2020.]
September 24, 2020 Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) [Transferred from Indiana Southern on 11/11/2020.]
September 23, 2020 Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff DANNY R. RICHARDS. (AKH) [Transferred from Indiana Southern on 11/11/2020.]
September 23, 2020 Filing 2 COMPLAINT against ADAMS, BETTERS, JANE DOE #1, JOHN DOE #1, JANE DOE #2, JOHN DOE #2, JANE DOE #3, JANE DOE #4, FRENCH, GARD, HORD, MOORE(Ms ), MOORE(Mr.), NCCF, NDAIYE, OWENS, REED, SEYE, THE GEO GROUP, WARDEN, WEXFORD OF INDIANA, WILLIAMS, filed by DANNY R. RICHARDS. (No fee paid with this filing) (Attachments: #1 Exhibit E-mail from N. Eddy). (AKH) [Transferred from Indiana Southern on 11/11/2020.]
September 23, 2020 Filing 1 CONSENT to Prisoner E-Service by DANNY R. RICHARDS located at ISP. Pursuant to General Order 2013-1, documents submitted by DANNY R. RICHARDS 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. (AKH) [Transferred from Indiana Southern on 11/11/2020.]

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Search for this case: Richards v. The Geo Group et al
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Defendant: Wexford of Indiana
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Defendant: Moore
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Defendant: Mr Newkirk
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Defendant: French
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Defendant: Wexford of Ind
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Defendant: Wexford Health Sources Inc
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Defendant: Jane Doe 3
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Defendant: Adams
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Defendant: Jane Doe 4
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Defendant: Reed
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Defendant: Jane Doe #1
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Defendant: Jane Doe #2
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Defendant: N Marthakis
Represented By: Douglass R Bitner
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Defendant: Hord
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Defendant: NCCF
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Defendant: Seye
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Defendant: Warden
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Defendant: Commissioner Robert E Carter, Jr
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Defendant: Neal
Represented By: Anna Wei Elcesser
Represented By: David C Dickmeyer
Represented By: Alexander R Carlisle
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Defendant: Williams
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Defendant: MRS. Owens
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Defendant: D Thews
Represented By: Douglass R Bitner
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Defendant: Betters
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Defendant: Gard
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Defendant: John Doe #1
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Defendant: The Geo Group
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Defendant: John Doe #2
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Defendant: Ndaiye
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Defendant: Fritters
Represented By: Douglass R Bitner
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Not classified by court: INDIANA STATE PRISON E-FILE (Court Use Only)
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Plaintiff: Danny R Richards
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