Knighten v. Marthakis et al
Undray Knighten |
Nancy Marthakis, Centurion Medical and Warden |
INDIANA STATE PRISON E-FILE (Court Use Only) |
3:2022cv00456 |
June 14, 2022 |
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 Prisoner Civil Rights |
None |
Docket Report
This docket was last retrieved on June 6, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 20 RESPONSE to Motion re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Warden. (Attachments: #1 Exhibit A - Declaration of Neal, #2 Exhibit B - Medical Records)(Tront, Julie) |
Filing 19 ORDER GRANTING #18 MOTION for Extension of Time to File Responsive Pleading as to #8 Opinion and Order by Defendant Warden, and EXTENDING the deadline to respond to the motion for preliminary injunction (ECF #3 , #8 ) to 7/29/2022. Signed by Magistrate Judge Michael G Gotsch, Sr on 7/22/2022. (asd) |
Filing 18 MOTION for Extension of Time to File Responsive Pleading as to #8 Opinion and Order by Defendant Warden. (Tront, Julie) Modified on 7/18/2022 to update title (jdb). |
Filing 16 ORDER granting #15 Motion for Extension of Time to File Response and EXTENDS the deadline for the warden to file a response to the preliminary injunction motion #3 to 7/19/2022. Signed by Magistrate Judge Michael G Gotsch, Sr on 7/13/22. (nhc) |
Filing 17 Initial Filing fee: $ 13.51, receipt number 3029390 (nae) |
Filing 15 MOTION for Extension of Time to File Responsive Pleading by Defendant Warden. (Tront, Julie) |
Filing 14 WAIVER OF SERVICE Returned Executed by Warden. Warden waiver sent on 6/17/2022, answer due 8/16/2022. (Tront, Julie) |
Filing 13 NOTICE of Appearance by Julie Tront on behalf of Warden (Tront, Julie) |
Filing 12 WAIVER OF SERVICE Returned Executed by Nancy Marthakis. Nancy Marthakis waiver sent on 6/17/2022, answer due 8/16/2022. (Dillon, Carol) |
Filing 11 NOTICE of Appearance by Carol A Dillon on behalf of Nancy Marthakis (Dillon, Carol) |
Filing 9 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden and Dr. Nancy Marthakis. Waiver of Service due by 7/18/2022. (Attachments: #1 Order, #2 Complaint, #3 Preliminary Injunction, #4 Declaration, #5 Exhibit, #6 Memorandum, #7 Notice) (cc: emailed to Warden)(asd) |
Filing 8 OPINION AND ORDER: The Court DIRECTS the clerk to add the Indiana State Prison Warden as a defendant; GRANTS Undray Knighten leave to proceed against the Indiana State Prison Warden in an official capacity to obtain permanent injunctive relief; GRANTS Undray Knighten leave to proceed against Dr. Nancy Marthakis in her individual capacity for compensatory and punitive damages; DISMISSES all other claims; DISMISSES Centurion Health; DIRECTS 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 with a copy of this order, the complaint (ECF #2 ), and the motion for preliminary injunction (ECF #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 serve process on) Dr. Nancy Marthakis at Centurion Health of Indiana, LLC, with a copy of this order, the complaint (ECF #2 ), and the motion for preliminary injunction (ECF #3 ) pursuant to 28 U.S.C. 1915(d); DIRECTS the clerk to fax or email a copy of the same documents to the Indiana State Prison Warden at the Indiana State Prison; ORDERS the Indiana Department of Correction and Centurion Health 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; ORDERS, under 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; and ORDERS the Indiana State Prison Warden to file and serve a response to the preliminary injunction, as soon as possible but not later than 7/12/2022, with supporting medical documentation and declarations from other staff as necessary describing/explaining how Undray Knighten's chronic diarrhea is being treated in a manner that comports with the Eighth Amendment's requirements. Signed by Chief Judge Jon E DeGuilio on 6/17/2022. (Copy emailed to Warden)(asd) |
Filing 7 ORDER GRANTING #4 MOTION for Leave to Proceed in forma pauperis filed by Undray Knighten; 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 6/17/2022. (Copy mailed to Indiana State Prison)(asd) |
Filing 6 ORDER: The court DIRECTS the Clerk of Court to TRANSFER this case to the Honorable Jon E. DeGuilio. Case reassigned to Chief Judge Jon E DeGuilio for all further proceedings. Judge Robert L Miller, Jr no longer assigned to case. Signed by Judge Robert L Miller, Jr on 06/16/2022. (jdb) |
Filing 5 Docket sheet and filed stamped copy of Complaint to be distributed to Undray Knighten #111206. (Attachments: #1 File stamped copy of Complaint)(kmt) |
Filing 4 (Unsigned) MOTION for Leave to Proceed in forma pauperis by Plaintiff Undray Knighten. (Attachments: #1 Affidavit of Special Circumstances)(kmt) |
Filing 3 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff Undray Knighten. (Attachments: #1 Declaration in Support, #2 Exhibit, #3 Memorandum of Law in Support, #4 Notice of Application)(kmt) |
Filing 2 PRO SE COMPLAINT against Centurion Medical, Nancy Marthakis, filed by Undray Knighten. (Attachments: #1 Notices of Lawsuit and Request for Waiver of Service)(kmt) |
Filing 1 Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Undray Knighten. 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. (kmt) |
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