Smith v. Westville Correctional Facility et al
| Anthony Smith |
| Westville Correctional Facility, John Galipeau, Mcbridegroom, John Doe, Jane Doe, Jackson, Liaw, Centurion Health, Wexford Medical Services Inc, Livers, Warr and R Leeth |
| WESTVILLE E-FILE(Court Use Only) |
| 3:2023cv00296 |
| April 17, 2023 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Damon R Leichty |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on August 28, 2023. A more recent docket listing may be available from PACER.
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Filing 13
ORDER DENYING #3 Motion for Appointment of Counsel by Plaintiff Anthony Smith. The clerk is DIRECTED to send Anthony Smith ten (10) copies of the screening order (ECF #5 ) so he can include them with a letter to ten individual attorneys asking for representation. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/31/2023. (Attachments: #1 Opinion and Order) (mrm)
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Filing 12
WAIVER OF SERVICE Returned Executed by John Galipeau. John Galipeau waiver sent on 4/26/2023, answer due 6/26/2023. (Sedam, James)
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Filing 11
RESPONSE to Motion re #6 MOTION for Preliminary Injunction Response In Opposition to Plaintiff's Motion for Preliminary Injunction filed by John Galipeau. (Attachments: #1 Exhibit A. Declaration of Danielle Greer, #2 Exhibit B. State Form 45913 Request for Health Care Records of March 2019 to April 2023 pt. 1, #3 Exhibit B. State Form 45913 Request for Health Care Records of March 2019 to April 2023 pt. 2, #4 Exhibit B. State Form 45913 Request for Health Care Records of March 2019 to April 2023 pt. 3, #5 Exhibit B. State Form 45913 Request for Health Care Records of March 2019 to April 2023 pt. 4, #6 Exhibit C. Nurse Visit, Skilled Care, and Chart Update Records of 10/25/2019, #7 Exhibit D. Skilled Care Visit Records of 11/01/2019, #8 Exhibit E. Provider Visit and Skilled Care Records of 11/13/2019, #9 Exhibit F. Provider Visit Records of 11/19/2019, #10 Exhibit G. Chronic Care Visit Records of 7/20/2020, #11 Exhibit H. Chart Update Records of 7/21/2020, #12 Exhibit I. Chart Update Records of 7/30/2020 and 8/4/2020; State Form 9262 Refusal and Release from Responsibility of 7/30/2020, #13 Exhibit J. Nurse Visit Records of 2/23/2021, #14 Exhibit K. Consultation Records of 5/19/2021, #15 Exhibit L. MRI Results Records of 8/3/2021, #16 Exhibit M. Chart Update Records of 1/3/2022, #17 Exhibit N. Nurse Visit Records of 4/15/2022, #18 Exhibit O. Nurse Visit Records of 4/25/2022, #19 Exhibit P. Nurse Visit Records of 7/10/2022, #20 Exhibit Q. Nurse Visit Records of 8/5/2022, #21 Exhibit R. Chart Update Records of 8/20/2022, #22 Exhibit S. Nurse Visit Records of 9/8/2022, #23 Exhibit T. Nurse Visit Records of 9/16/2022, #24 Exhibit U. Nurse Visit Records of 11/12/2022, #25 Exhibit V. Nurse Visit and Chronic Care Visit Records of 11/16/22, #26 Exhibit W. Nurse Visit Records of 12/15/2022, #27 Exhibit X. Nurse Visit and Meridian Radiology Records of 12/28/2022 and 12/30/2022, #28 Exhibit Y. Nurse Visit Records of 2/3/2023, #29 Exhibit Z. Nurse Visit Records of 2/22/2023, #30 Exhibit AA. Meridian Radiology Report of 2/22/2023, #31 Exhibit BB. Provider Visit Records of 3/1/2023, #32 Exhibit CC. Nurse Visit Records of 3/13/2023, #33 Exhibit DD. Chart Update Records of 3/27/2023, #34 Exhibit EE. Nurse Visit Records of 3/28/2023, #35 Exhibit FF. Chart Update Records of 3/29/2023, #36 Exhibit GG. Chart Update Records of 3/30/2023, #37 Exhibit HH. Chart Update Records of 4/4/2023, #38 Exhibit II. Provider Visit Records of 4/5/2023)(Sedam, James)
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Filing 10
NOTICE of Appearance by Gustavo A Jimenez on behalf of John Galipeau (Jimenez, Gustavo)
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Filing 9
NOTICE of Appearance by James M Sedam on behalf of John Galipeau (Sedam, James)
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Filing 8
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Anthony Smith. 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)
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Filing 7
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to John Galipeau. Waiver of Service due by 5/26/2023. (Attachments: #1 Opinion and Order, #2 Complaint) (nhc)
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Received confirmation from Warden at Westville Correctional Facility that documents were received per #5 opinion and order. (nhc)
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Filing 6
MOTION for Preliminary Injunction by Plaintiff Anthony Smith. (nhc)
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Filing 5
OPINION AND ORDER: The court DIRECTS the clerk to edit the docket to reflect that John Galipeau is being sued in his official capacity as the Warden of Westville Correctional Facility; CONSTRUES the complaint #1 as a motion for a preliminary injunction and DIRECTS the clerk to separately docket it as a motion for a preliminary injunction; GRANTS Anthony Smith leave to proceed against the Warden of Westville Correctional Facility in his official capacity for injunctive relief to receive constitutionally adequate medical care for his seizures as required by the Eighth Amendment; DISMISSES all other claims; DISMISSES Westville Correctional Facility, McBridegroom, John Doe, Jane Doe, Jackson, Liaw, Centurion Health, Wexford Medical Services Inc, Livers, Warr, and R. Leeth; DIRECTS the clerk, under 28 U.S.C. 1915(d), 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) Warden John Galipeau at the Indiana Department of Correction, with a copy of this order and the complaint #1 ; DIRECTS the clerk to email or fax a copy of the same documents to the Warden of Westville Correctional Facility at Westville Correctional Facility; DIRECTS the clerk to make a docket notation upon receiving confirmation of receipt of those deliveries; ORDERS, under 42 U.S.C. 1997e(g)(2), Warden John Galipeau 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; ORDERS Warden John Galipeau to file and serve a response to the motion for a preliminary injunction as soon as possible, but not later than 5/12/2023, (with supporting medical documentation and declarations from other staff as necessary) describing/explaining how he is providing Anthony Smith with constitutionally adequate medical care for his seizures; and GRANTS Anthony Smith fourteen days to reply to the Warden's response to the motion for a preliminary injunction. Signed by Judge Damon R Leichty on 4/25/2023. (Copy mailed as directed in Order). (nhc)
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Filing 4
ORDER: The Court GRANTS the plaintiff leave to proceed in forma pauperis #2 ; ORDERS the plaintiff, Anthony Smith, IDOC # 863901, to immediately pay (and the facility having custody to automatically remit) $11.60 to the clerk in payment of the initial partial filing fee; ORDERS the plaintiff 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 4/25/2023. (Copy mailed to pro se party)(shk) Modified on 4/27/2023 (kmt).
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Filing 3
MOTION for Appointment of Counsel by Plaintiff Anthony Smith. (kmt)
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Filing 2
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Anthony Smith. (kmt)
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Filing 1
PRO SE COMPLAINT against Centurion Health, Jane Doe, John Doe, John Galipeau, Jackson, R Leeth, Liaw, Livers, Mcbridegroom, Warr, Westville Correctional Facility, Wexford Medical Services Inc, filed by Anthony Smith. (Attachments: #1 Exhibit, #2 Envelope)(No filing fee or IFP received)(File stamped copy with case number sent to Smith)(kmt)
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