Winters v. Hendrix et al
| Emmanuel A Winters and Emmanuel Winters Bey |
| Jack Hendrix, Eric J Holcomb, Robert Carter, Deanna Dwenger, Watts, Gann, John Galipeau, Farley, Gary Lewis, Tracy Cornett, Gulleson, Thomas, Doughtery, Hines, Carroll, Williams, Michelle Borne, Wala, Nikki Tafoya, Centurion Health of Indiana, LLC, Rojo, Crittitan and Christina Reagle |
| WESTVILLE E-FILE(Court Use Only) |
| 3:2023cv00989 |
| November 9, 2023 |
| US District Court for the Northern District of Indiana |
| Joshua P Kolar |
| Philip P Simon |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 13, 2024. A more recent docket listing may be available from PACER.
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Filing 22
MOTION to Strike Declaration of Shannon Smith re: DE #15 -24 by Plaintiff Emmanuel A Winters. (Attachments: #1 Exhibit)(kmt)
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Filing 21
OPINION AND ORDER DENYING #3 Motion for Preliminary Injunction , Motion for Temporary Restraining Order and DENYING #10 Motion titled as Petition for an Order Waiving Filing Fees and Court Costs filed by Emmanuel A Winters as outlined. Signed by Judge Philip P Simon on 1/2/2024. (mrm)
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Filing 20
MOTION for Leave to File an Amended Complaint re #1 Pro Se Complaint, by Plaintiff Emmanuel A Winters. (Attachments: #1 Proposed Amended Complaint, #2 Cover Letter)(kmt)
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Filing 19
NOTICE of Appearance by James M Sedam on behalf of John Galipeau (Sedam, James)
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Filing 18
WAIVER OF SERVICE Returned Executed by John Galipeau. John Galipeau waiver sent on 11/14/2023, answer due 1/16/2024. (Khalili, Joshua)
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Filing 17
NOTICE of Appearance by Joshua Khalili on behalf of John Galipeau (Khalili, Joshua)
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Filing 16
ORDER: The plaintiff's motion for leave to amend #12 is DENIED. Signed by Magistrate Judge Joshua P Kolar on 12/12/2023. (jdb)
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Filing 15
RESPONSE to Motion re #3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by John Galipeau. (Attachments: #1 Exhibit A; Declaration of Danielle Greer, #2 Exhibit B: Behavioral Health Segregation Visit of 12/08/2022, #3 Exhibit C: Behavioral Health Segregation Visit of 12/13/2022, #4 Exhibit D: Behavioral Health Segregation Visit of 01/03/2023, #5 Exhibit E: Behavioral Health Segregation Visit of 01/13/2023, #6 Exhibit F: Behavioral Health Segregation Visit of 02/28/2023, #7 Exhibit G: Behavioral Health Segregation Visit of 03/28/2023, #8 Exhibit H: Behavioral Health Segregation Visit of 03/29/2023, #9 Exhibit Behavioral Health Segregation Visit of 05/09/2023, #10 Exhibit Provider Visit Records of 05/30/2023, #11 Exhibit Behavioral Health Status Classification of 06/20/2023, #12 Exhibit L: Behavioral Health Segregation Visit of 07/06/2023, #13 Exhibit M: Behavioral Health Segregation Visit of 07/25/2023, #14 Errata N: Nurse Visit Records of 07/27/2023, #15 Exhibit O: Chronic Care Visit Records of 08/01/2023, #16 Exhibit P: Nurse Visit Records of 08/08/2023, #17 Exhibit Q: Nurse Visit Records of 08/09/2023, #18 Exhibit R: Nurse Visit Records of 08/18/2023, #19 Exhibit S: Nurse Visit Records of 08/27/2023, #20 Exhibit T: Nurse Visit Records of 08/29/2023, #21 Exhibit U: Behavioral Health Segregation Visit of 08/31/2023, #22 Errata V: Health Check Rounds as of 09/13/2023, #23 Exhibit W: Nurse Visit Record of Annual Visit 10/30/2023, #24 Exhibit X: Declaration of Shannon Smith, #25 Exhibit Y: Emmanuel A. Winters Grievance History since 12/07/2022, #26 Exhibit Z: Food Menu Grievance of 03/20/2023, #27 Exhibit AA: Food Menu Grievance of 03/28/2023, #28 Exhibit BB: Mental Health Grievance of 04/05/2023, #29 Exhibit CC: Food Diet Grievance of 09/06/2023, #30 Exhibit DD: Declaration of Warden John Galipeau)(Khalili, Joshua)
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Filing 14
Docket sheet to be distributed to Emmanuel A Winters #242936. (kmt)
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Filing 13
Letter from Emmanuel A Winters requesting a docket sheet. (kmt)
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Filing 12
MOTION for Leave to File an Amended Complaint re #1 Pro Se Complaint, by Plaintiff Emmanuel A Winters. (Attachments: #1 Proposed Amended Complaint)(kmt)
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Filing 11
Letter from Emmanuel Winters Bey requesting copy of DE #1 -1 (nae)
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Filing 10
MOTION titled as Petition for an Order Waiving Filing Fees and Court Costs by Plaintiff Emmanuel A Winters. (nae)
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Filing 9
Letter from Emmanuel Winters Bey notifying the court that claims in this case are a continuation from case 1:23-cv-744 on the Southern District of Indiana. (nae)
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Filing 8
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Emmanuel A Winters. 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 7
Confirmation received from Westville Correctional Facility verifying receipt of DE #1 , #5 , and #6 . (nal)
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Filing 6
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden of Westville Correctional Facility. (Copy sent to defendant). Waiver of Service due by 12/14/23. (Attachments: #1 Complaint). (nal) (Additional attachment(s) added on 11/15/2023: #2 Copy of DE #5 ) (kmt).
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Filing 5
OPINION AND ORDER: The court GRANTS the plaintiff leave to proceed against the Warden of Westville Correctional Facility in his official capacity for injunctive relief to address his need for adequate drinking water, food, and mental health care as required by the Eighth Amendment, DISMISSES all other claims, DISMISSES Jack Hendrix, Eric J. Holcomb, Robert Carter, Deanna Dwenger, Watts, Gann, Farley, Gary Lewis, Tracy Cornett, Gulleson, Thomas, Doughtery, Hines, Carroll, Watts, Williams, Michelle Borne, Wala, Nikki Tafoya, Centurion Health of Indiana, Rojo, Crittitan, and Christina Reagle as defendants, 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 Westville Correctional Facility by email to the Indiana Department of Correction with 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 Westville Correctional Facility at Westville Correctional Facility, ORDERS the Indiana Department of Correction 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 to file and serve a response to the plaintiffs motion for a preliminary injunction no later than 12/11/23 with supporting documentation and declarations from staff as necessary, addressing the plaintiffs current need for clean drinking water, food that does not contain foreign objects, and mental health treatment to address thoughts of suicide and ORDERS the 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 claim for which the plaintiff has been granted leave to proceed in this screening order. Signed by Judge Philip P Simon on 11/13/23. (Copy mailed to plaintiff, copy of DE #1 sent to Warden via email and fax as directed in order). (nal)
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Filing 4
ORDER: The court GRANTS the plaintiff leave to proceed in forma pauperis #2 ; ORDERS the plaintiff, Emmanuel A. Winters, IDOC # 242936, to immediately pay (and the facility having custody to automatically remit) $3.33 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 Philip P Simon on 11/09/2023. (Copy mailed as directed in Order) (jdb)
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Filing 3
MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order , titled as Declaration in Support of Request for Temporary Restraining Order and Preliminary Injunction, by Plaintiff Emmanuel A Winters. (kmt)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Plaintiff Emmanuel A Winters. (kmt)
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Filing 1
PRO SE COMPLAINT with Jury Demand against Michelle Borne, Carroll, Robert Carter, Centurion Health of Indiana, LLC, Tracy Cornett, Crittitan, Doughtery, Deanna Dwenger, Farley, John Galipeau, Gann, Gulleson, Jack Hendrix, Hines, Eric J Holcomb, Gary Lewis, Christina Reagle, Rojo, Nikki Tafoya, Thomas, Wala, Watts(Deputy Warden, sued in their individual and official capacity), Watts(Mrs., Supervisor of Classification, sued in their individual and official capacity), Williams, filed by Emmanuel A Winters. (Attachments: #1 Exhibit, #2 Envelope)(File stamped copy with case number sent to Winters)(kmt)
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