Richards v. The Geo Group et al
| Danny R Richards |
| 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 |
| INDIANA STATE PRISON E-FILE (Court Use Only) |
| 3:2020cv00952 |
| November 11, 2020 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Damon R Leichty |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 31, 2022. A more recent docket listing may be available from PACER.
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Filing 38
NOTICE of Appearance by Alexander R Carlisle on behalf of Neal (Carlisle, Alexander)
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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).
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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)
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Filing 36
MOTION for Leave to File an Amended and Supplemental Complaint, by Plaintiff Danny R Richards. (Attachments: #1 Proposed Amended Complaint)(kms)
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Filing 35
Plaintiff's MOTION for Docket Update, by Plaintiff Danny R Richards. (kms)
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Filing 34
Plaintiff's MOTION for Extension and Reconsideration, by Plaintiff Danny R Richards. (Attachments: #1 Envelope)(kms)
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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)
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Filing 31
MOTION to Withdraw as Attorney by Defendant Neal. (Dickmeyer, David)
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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)
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Filing 29
WAIVER OF SERVICE Returned Executed by Neal. Neal waiver sent on 11/13/2020, answer due 1/12/2021. (Dickmeyer, David)
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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)
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Filing 27
Plaintiff's MOTION for Clarification by Plaintiff Danny R Richards. (bas)
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Waiver of Service Deadlines terminated. (mlc)
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Filing 26
NOTICE of Appearance by Douglass R Bitner on behalf of Fritters, N Marthakis, D Thews (Bitner, Douglass)
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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)
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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)
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Filing 23
WAIVER OF SERVICE Returned Executed by Fritters. Fritters waiver sent on 11/13/2020, answer due 1/12/2021. (Bitner, Douglass)
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Filing 22
NOTICE of Appearance by Anna Wei Elcesser on behalf of Neal (Elcesser, Anna)
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Filing 21
NOTICE of Appearance by David C Dickmeyer on behalf of Neal (Dickmeyer, David)
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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)
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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)
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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)
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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)
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Filing 16
Case transferred in from District of Indiana Southern; Case Number 1:20-cv-02457. Original file and docket sheet received.
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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.]
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Filing 13
AMENDED COMPLAINT filed by DANNY R. RICHARDS.(JDC) [Transferred from Indiana Southern on 11/11/2020.]
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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.]
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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).
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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.]
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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.]
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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).
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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.]
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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.]
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Filing 6
CONSENT to Jurisdiction to US Magistrate Judge by DANNY R. RICHARDS. (JDC) [Transferred from Indiana Southern on 11/11/2020.]
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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.]
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Filing 4
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) [Transferred from Indiana Southern on 11/11/2020.]
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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.]
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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.]
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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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