Day v. Marthakis et al
| Corey Day |
| Nancy Marthakis, Sherri Fritter, Brandy Kirk, Diane Thews, Todd and Ron Neal |
| INDIANA STATE PRISON E-FILE (Court Use Only) |
| 3:2022cv00728 |
| August 31, 2022 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 28, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 26
MEDICAL DEFENDANTS ANSWER to Complaint PLAINTIFFS AMENDED COMPLAINT AND STATEMENT OF DEFENSES by Sherri Fritter, Brandy Kirk, Nancy Marthakis, Diane Thews, Todd.(Dillon, Carol)
|
|
Filing 25
SUMMONS Returned Executed by USMS obo Corey Day. Brandy Kirk served on 10/20/2022, answer due 11/10/2022; Todd served on 10/15/2022, answer due 11/7/2022. (ash)
|
|
Filing 24
INTERROGATORIES Propounded to Plaintiff by Ron Neal.(Hough, James)
|
|
Filing 23
REQUEST for Production of Documents by Ron Neal.(Hough, James)
|
|
Filing 22
NOTICE of Appearance by Carol A Dillon on behalf of Brandy Kirk (Dillon, Carol)
|
|
Filing 21
NOTICE of Appearance by Carol A Dillon on behalf of Todd (Dillon, Carol)
|
|
Filing 20
OPINION AND ORDER denying #6 Motion for Preliminary Injunction. Signed by Chief Judge Jon E DeGuilio on 10/18/2022. (nhc)
|
|
Filing 19
Summons Issued as to Brandy Kirk. CC: USMS with attachments #2 and #5 . (jld)
|
|
Filing 18
Summons Issued as to Todd. CC: USMS with attachments #2 and #5 (jld)
|
|
Filing 17
RESPONSE to Motion re #6 MOTION for Preliminary Injunction filed by Ron Neal. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Hough, James)
|
|
Filing 16
ANSWER to Complaint by Ron Neal.(Hough, James)
|
|
Filing 15
WAIVER OF SERVICE Returned Executed by Diane Thews. Diane Thews waiver sent on 9/2/2022, answer due 11/1/2022. (Dillon, Carol)
|
|
Filing 14
WAIVER OF SERVICE Returned Executed by Nancy Marthakis. Nancy Marthakis waiver sent on 9/2/2022, answer due 11/1/2022. (Dillon, Carol)
|
|
Filing 13
WAIVER OF SERVICE Returned Executed by Sherri Fritter. Sherri Fritter waiver sent on 9/2/2022, answer due 11/1/2022. (Dillon, Carol)
|
|
Filing 12
NOTICE of Appearance by Carol A Dillon on behalf of Sherri Fritter, Nancy Marthakis, Diane Thews (Dillon, Carol)
|
|
Filing 11
WAIVER OF SERVICE Returned Executed by Ron Neal. Ron Neal waiver sent on 9/2/2022, answer due 11/1/2022. (Hough, James)
|
|
Filing 10
FINAL PAYMENT FROM PRISONER. Letter sent to Warden of prison. (cc: Day) (kmt)
|
|
Filing 9
Filing fee received: $ 350.00, receipt number 3029752. (kmt)
|
|
Filing 8
NOTICE of Appearance by James L Hough on behalf of Ron Neal (Hough, James)
|
|
Filing 7
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden of Indiana State Prison, Dr. Nancy Marthakis Nurse Sherri Fritter, Nurse Brandy Kirk, Nurse Diane Thews and Nurse Todd. Waiver of Service due by 10/3/2022. (Attachments: #1 Opinion and Order, #2 Complaint) (shk) (Faxed to Warden at the ISP)
|
|
Filing 6
MOTION for Preliminary Injunction by Plaintiff Corey Day. (shk)
|
|
Filing 5
OPINION AND ORDER: The court GRANTS the plaintiff leave to proceed against the Warden of Indiana State Prison in his official capacity for injunctive relief related to his ongoing need for constitutionally adequate medical care for lung problems as required by the Eighth Amendment; GRANTS the plaintiff leave to proceed against the Warden of Indiana State Prison in his official capacity for injunctive relief related to his ongoing need to be housed under sanitary conditions of confinement as required by the Eighth Amendment; GRANTS the plaintiff leave to proceed against Warden Ron Neal in his personal capacity for damages for deliberate indifference to his right to be housed under sanitary conditions of confinement as required by the Eighth Amendment by housing him in a cell house containing excessive amounts of black mold, asbestos, and bird feces;(4) GRANTS the plaintiff leave to proceed against Dr. Nancy Marthakis, Nurse Sherri Fritter, Nurse Brandy Kirk, Nurse Diane Thews, and Nurse Todd (last name unknown) in their personal capacities for damages for deliberate indifference to his need for medical care to address lung problems from December 2021 to the present in violation of the Eighth Amendment; DISMISSES all other claims; DIRECTS the clerk to separately docket the complaint as a motion for a preliminary injunction; 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) the Warden of Indiana State Prison at the Indiana Department of Correction and to send him a copy of this order and the complaint pursuant to 28 U.S.C. 1915(d); DIRECTS the clerk to fax or email a copy of the same documents to the Warden of Indiana State Prison at the Indiana State Prison; 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) Dr. Nancy Marthakis, Nurse Sherri Fritter, Nurse Brandy Kirk, Nurse Diane Thews, and Nurse Todd (last name unknown) at Centurion Health and to send them a copy of this order and the complaint pursuant to 28 U.S.C. 1915(d); (10) 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; ORDERS the Warden of Indiana State Prison to file and serve a response to the plaintiffs motion for a preliminary injunction no later than 10/3/2022, with supporting documentation and declarations from staff as necessary, addressing the status of the plaintiffs medical condition and the current conditions in the plaintiffs cell house, including the presence of black mold, asbestos, and bird feces; and ORDERS the Warden of Indiana State Prison, Dr. Nancy Marthakis, Nurse Sherri Fritter, Nurse Brandy Kirk, Nurse Diane Thews, and Nurse Todd (last name unknown) to respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claim for which the plaintiff has been granted leave to proceed in this screening order. Signed by Chief Judge Jon E DeGuilio on 9/2/2022. (Copy mailed as directed in Order)(shk)
|
|
Filing 4
ORDER: The Court GRANTS the plaintiff leave to proceed in forma pauperis; WAIVES the initial partial filing fee; ORDERS the plaintiff, Corey Day, IDOC # 988795, 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 Chief Judge Jon E DeGuilio on 9/2/2022. (shk)
|
|
Filing 3
Docket sheet and file stamped copy of Complaint to be distributed to Corey Day #988795. (Attachments: #1 File stamped copy of Complaint)(kmt)
|
|
Filing 2
PRO SE COMPLAINT with Jury Demand against Sherri Fritter, Brandy Kirk, Nancy Marthakis, Ron Neal, Diane Thews, Todd, filed by Corey Day. (Attachments: #1 Affidavit of Truth)(No filing fee or IFP received)(kmt) Modified on 9/1/2022 (kmt).
|
|
Filing 1
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Corey Day. The Prisoner Electronic Filing Program operates pursuant to General Order 2018-1. When an inmate submits a document for electronic filing, the Prison Law Library emails a scanned copy and mails the original to the Court. The inmate should not mail a paper copy to the Court or a Defendant. When the scanned copy is docketed by the Court, a Notice of Electronic Filing (NEF) is emailed to the Prison Law Library. This NEF is printed by the Prison Law Library and given to the inmate with only the first page of the inmate's filing. Defendants are served by the Court. When the Prison Law Library receives an NEF for an entry by the Court, the NEF and a full copy of any attached order or document is printed and given to the inmate. The Prison Law Library will not print the NEF for documents filed by a Defendant. The Defendant must serve the inmate by mail. (kmt)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Indiana Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
