Cobb v. Wexford Health Services et al
| Malcom D Cobb, Jr. |
| Wexford Health Services, Centurion Health, Mitchiff, Wilks, LeeAnn Ivers, Kuenzli, Kim Myers and Warden |
| MIAMI E-FILE(Court Use Only) |
| 3:2023cv00437 |
| May 18, 2023 |
| US District Court for the Northern District of Indiana |
| Damon R Leichty |
| John E Martin |
| 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 17, 2023. A more recent docket listing may be available from PACER.
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Filing 21
Partial Initial Partial Filing fee received: $ 0.53, receipt number SB 1426. (kmt)
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Filing 20
MOTION Requesting Courts Help with Appointing Counsel by Plaintiff Malcom D Cobb, Jr. (kmt)
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Filing 19
REPLY to Response to DE #17 -1 Declaration of Leann Ivers re: #4 MOTION for Preliminary Injunction filed by Malcom D Cobb, Jr. (Attachments: #1 Exhibits)(nae)
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Filing 18
REPLY to Response to #4 MOTION for Preliminary Injunction titled as Response to Defendants Response in Opposition to Plaintiff's Motion for Preliminary Injunction filed by Malcom D Cobb, Jr. (Attachments: #1 Exhibits)(nae)
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Filing 17
RESPONSE to Motion re #4 MOTION for Preliminary Injunction filed by Warden. (Attachments: #1 Exhibit A: Declaration of Nurse Lee Ann Ivers, #2 Exhibit B: Medical Records for Malcom D. Cobb Jr, May 6, 2023 to June 15, 2023, #3 Exhibit C: Record of Medications Administered to Malcom Cobb, April, May, and June 2023)(Zurschmiede, Jacob)
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Filing 16
NOTICE of Appearance by John R Oosterhoff on behalf of Warden (Oosterhoff, John)
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Filing 15
ORDER: The Court DENIES the motions #12 & #13 . Signed by Magistrate Judge John E Martin on 06/12/2023. (jdb)
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Filing 14
ORDER DENYING #11 Motion to Appoint Counsel. Signed by Magistrate Judge John E Martin on 06/12/2023. (jdb)
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Filing 13
MOTION Asking for Help and Update Sense Cobb Filed Complaint by Plaintiff Malcom D Cobb, Jr. (kmt)
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Filing 12
MOTION Asking for Help by Plaintiff Malcom D Cobb, Jr. (kmt)
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Filing 11
MOTION to Appoint Counsel by Plaintiff Malcom D Cobb, Jr. (kmt)
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Filing 10
SUMMONS Returned Executed by USMS obo Malcom D Cobb, Jr. Warden served on 6/1/2023, answer due 6/22/2023. (sej)
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Filing 9
Confirmation received from Miami Correctional Facility, verifying receipt of DE #6 , #4 and #1 . (nae)
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Filing 8
Summons Issued as to Warden. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (cc: USMS) (nae)
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Filing 7
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden of Miami Correctional Facility. Waiver of Service due by 6/26/2023. (cc: USMS) (Attachments: #1 Copy of Complaint DE #1 , #2 Copy of Motion for Preliminary Injunction DE #4 , #3 Copy of Order DE #6 ) (nae) (Additional attachment(s) added on 5/30/2023: #4 Corrected attachments with cropped banner) (nae).
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Filing 6
OPINION AND ORDER: DIRECTS the clerk to add the Miami Correctional Facility Warden as a defendant; GRANTS Malcom D. Cobb, Jr., leave to proceed against the Miami Correctional Facility Warden in an official capacity to obtain permanent injunctive relief to receive constitutionally adequate medical care for his urinary, bowel, and blood pressure issues as required by the Eighth Amendment; TAKES UNDER ADVISEMENT all other claims for later screening as required by 28 U.S.C. 1915A; DIRECTS the clerk to request Waiver of Service from the Miami Correctional Facility Warden under 28 U.S.C. 1915(d) by email to the Indiana Department of Correction with a copy of this order, the complaint (ECF #1 ), and the motion for preliminary injunction (ECF #4 ); DIRECTS the clerk to fax or email a copy of the same documents to the Miami Correctional Facility Warden at the Miami Correctional Facility; DIRECTS the United States Marshal Service to immediately serve process by certified mail under 28 U.S.C. 1915(d) on the Miami Correctional Facility Warden; ORDERS the Miami Correctional Facility Warden to file and serve a response to the preliminary injunction, as soon as possible but not later than June 16, 2023, (with supporting medical documentation and declarations from other staff as necessary) describing/explaining how Malcom D. Cobb, Jr., is being provided constitutionally adequate medical treatment for his urinary, bowel, and blood pressure issues; and ORDERS, under 42 U.S.C. 1997e(g)(2), the Miami Correctional Facility Warden to respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the permanent injunction claim for which the plaintiff has been granted leave to proceed in this screening order. Signed by Judge Damon R Leichty on 5/26/2023. (Copy sent to Miami Warden by email and fax with copy of DE #1 and #4 , cc: USMS)(nae)
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Filing 4
MOTION for Preliminary Injunction by Plaintiff Malcom D Cobb, Jr. (nae)
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Filing 3
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Malcom D Cobb, Jr. 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. (nae)
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Filing 5
ORDER granting #2 Motion for Leave to Proceed in forma pauperis; ORDERS the plaintiff, Malcom D. Cobb, Jr., IDOC # 231767, to immediately pay (and the facility having custody to automatically remit) $3.80 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 5/25/2023. (Copy mailed to Miami Correctional as directed in Order). (nhc)
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Filing 2
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Malcom D Cobb, Jr. (kmt)
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Filing 1
PRO SE COMPLAINT against Centurion Health, LeeAnn Ivers, Kuenzli, Mitchiff, Kim Myers, Wexford Health Services, Wilks, filed by Malcom D Cobb, Jr. (Attachments: #1 Exhibit, #2 Cover Sheet)(File stamped copy with case number sent to Cobb)(kmt)
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