Knighten v. Marthakis
| Undray Knighten |
| Dr Nancy Marthakis and Warden |
| 3:2021cv00064 |
| January 25, 2021 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Robert L Miller |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 14, 2023. A more recent docket listing may be available from PACER.
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Filing 21
MOTION for Extension of Time to File Answer re #1 Pro Se Complaint by Defendant Warden. (Sumcad, Samantha)
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Filing 20
SUPPLEMENT to #11 Response to Motion, filed by Warden. (Sumcad, Samantha)
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Filing 19
NOTICE of Appearance by Douglass R Bitner on behalf of Nancy Marthakis (Bitner, Douglass)
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Filing 18
WAIVER OF SERVICE Returned Executed by Nancy Marthakis. Nancy Marthakis waiver sent on 1/28/2021, answer due 3/29/2021. (Bitner, Douglass)
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Filing 17
ORDER DENYING the preliminary injunction #3 as to the foot warts but RESERVES decision as to the chronic diarrhea; ORDERING the Warden to file supplemental briefing with supporting medical documentation and declarations from other staff as necessary by 3/19/2021, to address the Court's concerns contained in this order, as well as any other information that would be helpful. Signed by Chief Judge Jon E DeGuilio on 3/8/2021. (Copy mailed to pro se party)(mrm)
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Filing 16
NOTICE by Warden re #11 Response to Motion, #15 Order,, Set Deadlines, of Submission of Medical Records (Attachments: #1 Exhibit Medical Records)(Sumcad, Samantha)
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Filing 15
ORDER: The Indiana State Prison Warden filed the affidavit of Nancy Marthakis, M.D. ECF 11-1. The affidavit references numerous pages of "Knighten MR [medical records]," but none of those records are attached. Because the affidavit is incomplete, the Warden is ORDERED to file the Knighten medical records by March 9, 2021. Signed by Magistrate Judge Michael G Gotsch, Sr on 3/2/21. (Copy mailed to pro se party)(ksp)
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Filing 14
AFFIDAVIT of Undray Knighten. (Attachments: #1 Exhibits)(nae)
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Filing 13
Copy of DE #4 Order re-sent to Undray Knighten #111206 at Indiana State Prison. (nae)
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Filing 12
Mail Returned from Undray Knighten as Undeliverable - Insufficient Address - #4 Order on Motion for Leave to Proceed in forma pauperis. (lhc)
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Filing 11
RESPONSE to Motion re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Warden. (Attachments: #1 Exhibit A: Affidavit of Nancy Marthakis MD)(Sumcad, Samantha)
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Filing 10
AFFIDAVIT of Undray Knighten by Undray Knighten. (nae)
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Filing 9
NOTICE of Appearance by Zachary R Griffin on behalf of Warden (Griffin, Zachary)
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Filing 8
WAIVER OF SERVICE Returned Executed by Warden. Warden waiver sent on 1/28/2021, answer due 3/29/2021. (Sumcad, Samantha)
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Filing 7
NOTICE of Appearance by Samantha M Sumcad on behalf of Warden (Sumcad, Samantha)
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Filing 6
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Indiana State Prison Warden, Dr Nancy Marthakis. (Copy mailed as directed in Order) Waiver of Service due by 3/1/2021. (Attachments: #1 Complaint, #2 Motion, #3 Screening Order) (mlc)
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Filing 5
OPINION AND ORDER DIRECTING the Clerk to add the Indiana State Prison Warden as a defendant; GRANTING Undray Knighten leave to proceed against the Indiana State Prison Warden in an official capacity to obtain permanent injunctive relief for constitutionally adequate medical care for his chronic diarrhea and foot warts as required by the Eighth Amendment; GRANTING Undray Knighten leave to proceed against Dr. Nancy Marthakis in her individual capacity for compensatory and punitive damages for decreasing or discontinuing the medications treating his chronic diarrhea in violation of the Eighth Amendment; All other claims are DISMISSED; DIRECTING the clerk to request waiver of service from (and if necessary, the United States Marshals Service to serve process on) the Indiana State Prison Warden at the Indiana Department of Correction and Dr. Nancy Marthakis at Wexford of Indiana, LLC, with a copy of this order, the complaint (ECF 1), and the motion for preliminary injunction (ECF 3) pursuant to 28 U.S.C. 1915(d); DIRECTING the clerk to fax or email a copy of the same documents to the Indiana State Prison Warden at the Indiana State Prison; ORDERING the Indiana Department of Correction and Wexford of Indiana, LLC, to provide the United States Marshals 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; DIRECTING the United States Marshals Service to serve process pursuant to 28 U.S.C. 1915(d) on the Indiana State Prison Warden by February 10, 2021, if an entry of appearance has not been entered by February 3, 2021; ORDERING the Indiana State Prison Warden to file and serve a response to the preliminary injunction, as soon as possible but not later than February 17, 2021, with supporting medical documentation and declarations from other staff as necessary describing/explaining how Undray Knightens chronic diarrhea and foot warts are being treated in a manner that comports with the Eighth Amendments requirements; and ORDERING, pursuant to 42 U.S.C. 1997e(g)(2), the Indiana State Prison Warden and 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 claims for which the plaintiff has been granted leave to proceed in this screening order. Signed by Chief Judge Jon E DeGuilio on 1/28/21. (Copy mailed as directed in Order; faxed to Warden)(mlc)
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Filing 4
ORDER GRANTING #2 Motion for Leave to Proceed in forma pauperis; WAIVING the initial partial filing fee; ORDERING the plaintiff, Undray Knighten, IDOC # 111206, 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; DIRECTING the clerk to create a ledger for receipt of these funds; and DIRECTING 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 Chief Judge Jon E DeGuilio on 1/27/2021. (Copy mailed to pro se party and Inmate Trust Fund Dept)(lhc)
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**NEW CASE, MOTION PENDING** Chief Judge Jon E DeGuilio added. Judge Robert L Miller, Jr no longer assigned to case. (nae)
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Filing 3
MOTION for Temporary Restraining Order and , MOTION for Preliminary Injunction by Plaintiff Undray Knighten. (Attachments: #1 Notice of Application for Temporary Restraining Order and Preliminary Injunction, #2 Declaration in Support of Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction, #3 Memorandum of Law in Support of Motion for a Temporary Restraining Order and Preliminary Injunction)(nae)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Plaintiff Undray Knighten. (nae)
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Filing 1
PRO SE COMPLAINT with Jury Demand against Nancy Marthakis, filed by Undray Knighten. (Copy with case number returned to Knighten) (Attachments: #1 Proposed Waiver of Service of Summons)(nae)
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