Deane v. Neal et al
| Stephen M Deane |
| Nancy Marthakis MD, Diane Thews, NP and Ron Neal |
| ISP (Court Use Only) and INDIANA STATE PRISON E-FILE (Court Use Only) |
| 3:2021cv00315 |
| May 3, 2021 |
| U.S. District Court for the Northern District of Indiana |
| 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 August 18, 2021. A more recent docket listing may be available from PACER.
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Filing 25
Letter to Plaintiff, Docket sheet, copy of DE #7 , and copy of General Order No. 2018-1 to be distributed to Stephen M. Deane #995424. (Attachments: #1 Docket Sheet, #2 Copy of DE #7 , #3 General Order No. 2018-1)(Copy also mailed to Deane via USPS)(kms)
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Filing 24
ORDER: The court DIRECTS the clerk to send the plaintiff ten copies of the screening order #6 and DENIES the plaintiff's motion #13 without prejudice as outlined in this order. Signed by Magistrate Judge Michael G Gotsch, Sr on 7/1/2021. (Attachments: #1 10 copies of screening order)(bas)
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Filing 23
Letter from Stephen Deane re: problems with e-file, and requesting docket sheet and copies of documents. (Attachments: #1 Envelope) (kms)
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Filing 22
NOTICE to the Court and Declaration by Stephen M Deane. (Attachments: #1 Envelope)(kms)
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Filing 21
Request for Docket Sheet by Stephen M Deane. (Attachments: #1 Envelope) (docket sent)(jld)
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Filing 20
MOTION for an Order Restricting Removal of Legal Materials from Plaintiff's Cell by Plaintiff Stephen M Deane. (Attachments: #1 Envelope)(jld)
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Filing 19
WAIVER OF SERVICE Returned Executed by Ron Neal. Ron Neal waiver sent on 5/12/2021, answer due 7/12/2021. (Goldsmith, Matthew)
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Filing 18
NOTICE of Appearance by Matthew J Goldsmith on behalf of Ron Neal (Goldsmith, Matthew)
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Filing 17
DECLARATION of Stephen M Deane. (nae)
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Filing 16
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden Ron Neal. Waiver of Service due by 6/11/2021. (faxed to Indiana State Prison) (Attachments: #1 Order, #2 Screening Order, #3 Complaint) (bas) Modified on 6/1/2021 (bas). Modified on 6/2/2021 (cjb).
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Filing 15
ORDER: The court DIRECTS the clerk to request a Waiver of Service from Warden Ron Neal by email to the Indiana Department of Correction with a copy of this order, the screening order #6 , and the complaint #2 pursuant to 28 U.S.C. 1915(d); DIRECTS the clerk to fax or email a copy of the same documents to Warden Ron Neal at Indiana State Prison; ORDERS the Warden to return the waiver of service by 6/11/2021 if he intends to waive service; DIRECTS the United States Marshals Service to serve process on Warden Ron Neal pursuant to 28 U.S.C. 1915(d) by 7/12/2021 if he has not filed an appearance by 6/11/2021; and ORDERS Warden Ron Neal to file and serve a response to the motion for a preliminary injunction #12 as soon as possible, but no later than 7/26/2021 with supporting medical documentation and declarations from staff as necessary, addressing the status of the plaintiff's medical conditions, what medical evaluations and treatment he has received to date, and what future course of treatment, if any, has been prescribed. Signed by Judge Robert L Miller, Jr on 6/1/2021. (bas)
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Filing 14
DECLARATION of Stephen M. Deane. (Attachments: #1 Envelope)(nae)
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Filing 13
MOTION to Appoint Counsel by Plaintiff Stephen M Deane. (nae)
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Filing 12
MOTION for Temporary Restraining Order and, MOTION for Preliminary Injunction by Plaintiff Stephen M Deane. (Attachments: #1 Memorandum of Law in Support of Motion for a TRO and Preliminary Injunction, #2 Declaration in Support of Plaintiff's Motion for TRO and PI, #3 Exhibit A - Declaration of Stephen M Deane, #4 Envelope)(nae)
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Filing 11
Letter from Stephen Deane re: issues with receiving e-file documents. (Attachments: #1 Envelope) (kms)
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Filing 10
(Previously received) Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Stephen M Deane. 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 9
NOTICE of Appearance by Douglass R Bitner on behalf of Diane Thews, NP (Bitner, Douglass)
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Filing 8
WAIVER OF SERVICE Returned Executed by Diane Thews, NP. Diane Thews, NP waiver sent on 5/12/2021, answer due 7/12/2021. (Bitner, Douglass)
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Filing 7
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden Ron Neal, Dr. Nancy Marthakis, Nurse Practitioner Diane Thews. (Copy mailed to IDOC and Wexford as directed in Order). Waiver of Service due by 6/11/2021. (Attachments: #1 Opinion and Order, #2 Complaint) (lhc)
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Filing 6
OPINION AND ORDER: The court GRANTS the plaintiff leave to proceed against Dr. Nancy Marthakis and Nurse Practitioner Diane Thews in their personal capacity for monetary damages for failing to provide adequate medical treatment for his constipation and hemorrhoids from January 2021 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 in the form of medical care needed to address his constipation and hemorrhoids; DISMISSES all other claims; DIRECTS the clerk to request a Waiver of Service from (and if necessary, the United States Marshals Service to use any lawful means to locate and serve Indiana, LLC, and to send them a copy of this order and the complaint pursuant to28 U.S.C. 1915(d); DIRECTS the clerk to request a Waiver of Service from (and if necessary, the United States Marshals Service to use any lawful means to locate and serve process on) Warden Ron Neal at Indiana Department of Correction and to send him a copy of this order and the complaint pursuant to 28 U.S.C. 1915(d); 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, and last known home address of any defendant who does not waive service, to the extent this information is available; and (7) ORDERS Warden Ron Neal, Dr. Nancy Marthakis, and Nurse Practitioner Diane Thews 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 Robert L Miller, Jr on 5/12/2021. (Copy mailed to IDOC and Wexford as directed in Order)(lhc)
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Filing 5
ORDER GRANTING #3 Motion for Leave to Proceed in forma pauperis and #4 MOTION for Waiver of Initial Filing Fee by Plaintiff Stephen M Deane; ORDERING the plaintiff, Stephen M. Deane, IDOC # 995424, 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 Judge Robert L Miller, Jr on 5/12/2021. (Copy mailed to Inmate Trust Fund)(lhc)
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Filing 4
MOTION for Waiver of Initial Filing Fee by Plaintiff Stephen M Deane. (jld)
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Filing 3
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Stephen M Deane. (Attachments: #1 Ledger)(jld)
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Filing 2
PRO SE COMPLAINT with Jury Demand against Nancy Marthakis MD, Ron Neal, Diane Thews, NP, filed by Stephen M Deane. (Attachments: #1 Cover Sheet, #2 Envelope)(jld)
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Filing 1
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Stephen M Deane. 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. (jld)
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