Webb v. Wexford Health et al
| Nicolas Webb and Nicolas D Webb |
| Wexford Health, Indiana Department of Corrections, Bass, Masandia, Ashley and William Hyatte |
| MIAMI E-FILE(Court Use Only) |
| 3:2021cv00486 |
| July 6, 2021 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Damon R Leichty |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on December 27, 2023. A more recent docket listing may be available from PACER.
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Filing 14
NOTICE of Appearance by Gustavo A Jimenez on behalf of William Hyatte (Jimenez, Gustavo)
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Filing 13
WAIVER OF SERVICE Returned Executed by William Hyatte. William Hyatte waiver sent on 7/28/2021, answer due 9/27/2021. (Wade, Benjamin)
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Filing 12
NOTICE of Appearance by Benjamin C Wade on behalf of William Hyatte (Wade, Benjamin)
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Filing 11
WAIVER OF SERVICE Returned Executed by Masandia, Ashley. Masandia waiver sent on 7/28/2021, answer due 9/27/2021; Ashley waiver sent on 7/28/2021, answer due 9/27/2021. (VanTyle, Emily)
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Filing 10
NOTICE of Appearance by Emily K VanTyle on behalf of Ashley, Masandia (VanTyle, Emily)
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Filing 9
NOTICE of Appearance by Heather T Gilbert on behalf of Ashley, Masandia (Gilbert, Heather)
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Filing 8
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Nurse Ashley, Dr. Masandia and Warden William Hyatte. Waiver of Service due by 8/27/2021. (shk) (Additional attachment(s) added on 7/28/2021: #1 Opinion and Order, #2 Complaint) (shk).
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Filing 7
OPINION AND ORDER: The Court (1) GRANTS the plaintiff leave to proceed against Nurse Ashley (last name unknown) and Dr. Masandia (first name unknown) in their personal capacity for monetary damages for denying him adequate treatment for his hand injury in violation of the Eighth Amendment; (2) DIRECTS the clerk to add Warden William Hyatte as a defendant; (3) GRANTS the plaintiff leave to proceed against Warden William Hyatte in his official capacity for injunctive relief related to his ongoing need for constitutionally adequate medical care for his hand; (4) DISMISSES all other claims; (5) DISMISSES Wexford Health, Indiana Department of Correction, and OfficerBass as defendants; (6) 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) Nurse Ashley (last name unknown) and Dr. Masandia (first name unknown) at Centurion Health and to send them a copy of this order and the complaint; (7) 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 William Hyatte at Indiana Department of Correction, and to send him a copy of this order and the complaint; (8) ORDERS the Indiana Department of Correction and Centurion Health 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 such information is available; and (9) ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Nurse Ashley, Dr. Masandia, and Warden William Hyatte 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 7/28/2021. (Copy mailed to pro se party)(shk)
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Filing 6
ORDER GRANTING #4 MOTION for Leave to Proceed in forma pauperis. WAIVING the initial partial filing fee; ORDERING the plaintiff, Nicolas Webb, IDOC # 209609, 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 Damon R Leichty on 7/28/2021. (Copy mailed to Inmate Trust Fund acct)(mrm)
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Filing 5
ORDER: The court GRANTS the plaintiff until 8/6/2021 to pay the filing fee or file a motion to proceed in forma pauperis accompanied by his trust fund ledgers for the past six months and CAUTIONS him that if he does not respond by the deadline, this case is subject to dismissal without further notice for failure to prosecute. Signed by Judge Damon R Leichty on 7/20/2021. (bas)
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Filing 4
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Nicolas Webb. (kms)
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Filing 3
Copy of docket sheet and complaint to be distributed to Nicolas Webb #209609. (nae)
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Filing 2
PRO SE COMPLAINT against Ashley, Bass, Indiana Department of Corrections, Masandia, Wexford Health, filed by Nicolas Webb. (No filing fee or IFP received) (Attachments: #1 Exhibit)(nae)
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Filing 1
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Nicolas Webb. 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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