Kimbrough v. Schneegas et al
| John Wesley Kimbrough, III |
| Brienna Schneegas, Wexford of Indiana LLC, Deanna Laughlin, Michael Mitchief, Dr Nancy Marthakis, Bhiannon Schneegas and Warden |
| INDIANA STATE PRISON E-FILE (Court Use Only) |
| 3:2021cv00364 |
| May 19, 2021 |
| 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 July 26, 2021. A more recent docket listing may be available from PACER.
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Filing 23
REPLY to Response to #3 MOTION for Preliminary Injunction titled as Plaintiff's Response to Defendant Neal's Response in Opposition for Preliminary Injunction filed by John Wesley Kimbrough, III. (nae) (Additional attachment(s) added on 7/16/2021: #1 Response to Declaration of Defendant Neal (DE #13 -1), #2 Exhibit) (nae).
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Answer deadline reset to 8/7/2021 for Defendants Michael Mitchief and Nancy Marthakis per DE #21 . (bas)
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Filing 22
NOTICE of Appearance by Douglass R Bitner on behalf of Nancy Marthakis, Michael Mitchief (Bitner, Douglass)
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Filing 21
WAIVER OF SERVICE Returned Executed by Michael Mitchief, Nancy Marthakis. Michael Mitchief waiver sent on 6/8/2021, answer due 8/7/2021; Nancy Marthakis waiver sent on 6/8/2021, answer due 8/7/2021. (Bitner, Douglass) Modified on 7/16/2021 (bas).
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Filing 20
ORDER GRANTING #18 Motion to Withdraw #17 Corporate Disclosure Statement by Wexford of Indiana LLC identifying Corporate Parent The Bantry Group Corporation for Wexford of Indiana LLC. The Clerk is DIRECTED towithdraw Wexford's "Rule 7.1 Disclosure Statement." ECF 17. Signed by Magistrate Judge Michael G Gotsch, Sr on 7/13/2021. (lhc)
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Filing 19
Corporate Disclosure Statement by Wexford of Indiana LLC identifying Corporate Parent The Bantry Group Corporation for Wexford of Indiana LLC.. (Bitner, Douglass)
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Filing 18
MOTION to Withdraw #17 Corporate Disclosure Statement by Defendant Wexford of Indiana LLC. (Bitner, Douglass)
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Filing 17
*WITHDRAWN pursuant to #20 * Corporate Disclosure Statement by Wexford of Indiana LLC identifying Corporate Parent The Bantry Group Corporation for Wexford of Indiana LLC.. (Bitner, Douglass) Modified on 7/13/2021 (lhc).
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Filing 16
NOTICE of Appearance by Douglass R Bitner on behalf of Wexford of Indiana LLC (Bitner, Douglass)
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Filing 15
WAIVER OF SERVICE Returned Executed by Wexford of Indiana LLC. Wexford of Indiana LLC waiver sent on 6/8/2021, answer due 8/9/2021. (Bitner, Douglass)
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Filing 14
WAIVER OF SERVICE Returned Executed by Warden. Warden waiver sent on 6/8/2021, answer due 8/9/2021. (Pope, Adrienne)
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Filing 13
RESPONSE to Motion re #3 MOTION for Preliminary Injunction Response in Opposition to Plaintiff's Motion for Preliminary Injunction filed by Warden. (Attachments: #1 Exhibit A. Declaration of Warden Neal, #2 Exhibit B. Plaintiff's Medical Records)(Pope, Adrienne)
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Filing 11
ORDER: The court GRANTS IN PART the Warden's Belated Motion for Extension of Time to File a Response to Plaintiff's Preliminary Injunction #10 ; EXTENDS the deadline for the Warden of Indiana State Prison to respond to the Motion for Preliminary Injunction #3 and file an affidavit or declaration with the court, explaining how John Wesley Kimbrough, III's painful condition is being treated in a manner that comports with the Eighth Amendment's requirements to 7/5/2021; and GRANTS John Wesley Kimbrough, III, until 7/26/2021 to file a reply to the Warden's response. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/28/2021. (bas)
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Filing 12
FINAL PAYMENT FROM PRISONER Letter sent to Warden of prison. (nae)
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Filing 10
MOTION for Extension of Time to File Response/Reply as to #3 MOTION for Preliminary Injunction by Defendant Warden. (Pope, Adrienne)
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Filing 9
NOTICE of Appearance by Adrienne Pope on behalf of Warden (Pope, Adrienne)
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Filing 8
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden of Indiana State Prison, Nurse Rhiannon Schneegas, Dr. Nancy Marthakis, Nurse Deanna Laughlin, Regional Medical Director Michael Mitchief, and Wexford of Indiana, LLC. Waiver of Service due by 7/8/2021. (Attachments: #1 Complaint, #2 Preliminary Injunction Motion) (lhc)
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Filing 7
OPINION AND ORDER: The court GRANTS John Wesley Kimbrough, III's Motion to Correct Record #6 and DIRECTS the Clerk to correct the pagination of his Complaint #1 and Motion for Preliminary Injunction #3 as explained in the motion; DIRECTS the Clerk to add the Warden of the Indiana State Prison in his official capacity as a defendant; GRANTS John Wesley Kimbrough, III leave to proceed against the Warden of Indiana State Prison in his official capacity for injunctive relief to provide constitutionally adequate treatment for the painful condition that developed in November 2020, as required by the Eighth Amendment; GRANTS John Wesley Kimbrough, III leave to proceed against Nurse Rhiannon Schneegas, Dr. Nancy Marthakis, Nurse Deanna Laughlin, and Regional Medical Director Michael Mitchief in their individual capacity for compensatory and punitive damages for providing constitutionally inadequate treatment for the painful condition that developed in November 2020, in violation of the Eighth Amendment; GRANTS John Wesley Kimbrough, III leave to proceed against Wexford of Indiana, LLC for compensatory and punitive damages for following a policy of denying necessary medical care that resulted in him receiving constitutionally inadequate care for the painful condition that developed in November 2020, in violation of the Eighth Amendment; DISMISSES all other claims; DIRECTS the Clerk to request Waiver of Service from (and if necessary, the United States Marshals Service to serve process on) the Warden of Indiana State Prison at the Indiana Department of Correction, with a copy of this order, the complaint #2 , and the motion for preliminary injunction #3 pursuant to 28 U.S.C. 1915(d); DIRECTS the Clerk to request Waiver of Service from (and if necessary, the United States Marshals Service to use any lawful means to locate and serve process on) Nurse Rhiannon Schneegas, Dr. Nancy Marthakis, Nurse Deanna Laughlin, Regional Medical Director Michael Mitchief, and Wexford of Indiana, LLC, at Wexford of Indiana, LLC, with a copy of this order, the complaint #2 , and the motion for preliminary injunction #3 pursuant to 28 U.S.C. 1915(d); DIRECTS the Clerk to fax or email a copy of the request for waiver of service, this order, the complaint (ECF 2), and the motion for preliminary injunction #3 to the Warden of the Indiana State Prison; TAKES the Motion for Preliminary Injunction #3 UNDER ADVISEMENT; ORDERS the Warden of Indiana State Prison to respond to the Motion for Preliminary Injunction #3 and file an affidavit or declaration with the court, explaining how John Wesley Kimbrough, III's painful condition is being treated in a manner that comports with the Eighth Amendment's requirements by 6/23/2021; GRANTS John Wesley Kimbrough, III, until 7/14/2021, to file a reply to the Warden's response; ORDERS the Indiana Department of Correction and Wexford of Indiana, LLC to provide the full name, date of birth, 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), Warden of Indiana State Prison, Nurse Rhiannon Schneegas, Dr. Nancy Marthakis, Nurse Deanna Laughlin, Regional Medical Director Michael Mitchief, and Wexford of Indiana, LLC 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 Judge Damon R Leichty on 6/7/2021. (Copy emailed to Warden as directed in Order)(lhc)
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Filing 6
MOTION to Correct Record as to #2 Pro Se Complaint, #3 MOTION for Preliminary Injunction by Plaintiff John Wesley Kimbrough, III. (nae)
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Filing 5
ORDER: The court GRANTS the plaintiff leave to proceed in forma pauperis; WAIVES the initial partial filing fee; ORDERS the plaintiff, John Wesley Kimbrough, III, IDOC # 219656, 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 5/21/2021. (Copy mailed to Indiana State Prison)(bas)
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Filing 4
Copy of docket sheet to be distributed to John Wesley Kimbrough, III #219656. (nae)
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Filing 3
MOTION for Preliminary Injunction by Plaintiff John Wesley Kimbrough, III. (nae)
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Filing 2
PRO SE COMPLAINT with Jury Demand against Deanna Laughlin, Nancy Marthakis, Michael Mitchief, Brienna Schneegas, Wexford of Indiana LLC, filed by John Wesley Kimbrough, III. (file stamped 5/19, received 5/20) (Attachments: #1 Exhibits)(nae) (No filing fee or IFP received)
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Filing 1
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by John Wesley Kimbrough, III. 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. (nae)
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