Deane v. Marthakis et al
| Stephen M Deane |
| Ron Neal, Diane Thews and Nancy B Marthakis |
| INDIANA STATE PRISON E-FILE (Court Use Only) |
| 3:2024cv00760 |
| September 9, 2024 |
| US District Court for the Northern District of Indiana |
| Gretchen S Lund |
| Abizer Zanzi |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on November 6, 2024. A more recent docket listing may be available from PACER.
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Filing 25
Docket sheet to be distributed to Stephen M Deane #995424. (kmt)
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Filing 24
Letter from Stephen M Deane requesting a docket sheet. (kmt)
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Filing 23
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Stephen M Deane. 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 22
OPINION AND ORDER DENYING #10 Motion for Preliminary Injunction filed by Stephen M Deane as outlined. Signed by Judge Gretchen S Lund on 10/25/2024. (Copy mailed to pro se party)(mrm)
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Filing 21
ORDER DENYING as unnecessary #4 Motion to Have U.S. Marshal Serve Process by Pla Stephen M Deane. Signed by Magistrate Judge Abizer Zanzi on 10/22/2024. (Copy mailed to pro se party)(mrm)
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Filing 20
ANSWER to #1 Complaint by Ron Neal.(Henry, Allison) Modified on 10/29/2024 to link to complaint (mlc).
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Filing 19
RESPONSE to Motion re #10 MOTION for Preliminary Injunction filed by Ron Neal. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit B-1, #4 Exhibit B-2)(Kwait, Julia)
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***Waiver of Service Deadline terminated. (nae)
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Filing 18
NOTICE of Appearance by Allison V Henry on behalf of Ron Neal (Henry, Allison)
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Filing 17
WAIVER OF SERVICE Returned Executed by Ron Neal. Ron Neal waiver sent on 9/17/2024, answer due 11/18/2024. (Kwait, Julia)
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Filing 16
NOTICE of Appearance by Julia M Kwait on behalf of Ron Neal (Kwait, Julia)
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Filing 15
WAIVER OF SERVICE Returned Executed by Diane Thews, Nancy B Marthakis. Diane Thews waiver sent on 9/17/2024, answer due 11/18/2024; Nancy B Marthakis waiver sent on 9/17/2024, answer due 11/18/2024. (Dillon, Carol)
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Filing 14
NOTICE of Appearance by Carol A Dillon on behalf of Nancy B Marthakis, Diane Thews (Dillon, Carol)
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Filing 13
Letter from Stephen M Deane regarding filing fee payment. (Attachments: #1 Envelope) (mrm)
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Filing 12
FINAL PAYMENT FROM PRISONER. Letter sent to Warden of prison. (cc: Deane) (kmt) (Additional attachment(s) added on 9/23/2024: #1 Corrected Main Document) (kmt).
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Filing 11
Filing fee paid in full: $ 350.00, receipt number SB 3941. (kmt)
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Filing 9
Confirmation received from Warden at Indiana State Prison, verifying receipt of DE #7 and #1 . (sej)
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Filing 8
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden of Indiana State Prison; Dr. Nancy Marthakis and Nurse Practitioner Diane Thews at Centurion Health. Waiver of Service due by 10/17/2024. (Attachments: #1 Opinion and Order, #2 Complaint) (sej)
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Filing 7
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 medical care for leg pain and an abdominal aortic aneurysm as required by the Eighth Amendment; GRANTS the plaintiff leave to proceed against Dr. Nancy Marthakis and Nurse Practitioner Diane Thews in their personal capacity for damages for deliberate indifference to his need for medical care to address leg pain and an abdominal aortic aneurysm in violation of the Eighth Amendment; DISMISSES all other claims; DIRECTS the clerk to separately docket the complaint #1 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 #1 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 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 and Nurse Practitioner Diane Thews at Centurion Health and to send them a copy of this order and the complaint #1 pursuant to 28 U.S.C. 1915(d); 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 10/16/2024, with supporting documentation and declarations from staff as necessary, addressing the status of the plaintiffs current medical condition, what treatment he is receiving, and what additional treatment, if any, is contemplated; and ORDERS the Warden of Indiana State Prison, Dr. Nancy Marthakis, and Nurse Practitioner Diane Thews 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. Signed by Judge Gretchen S Lund on 9/17/2024. (Copy mailed to pro se party, Copy of order and Complaint #1 emailed to Warden at Indiana State Prison as directed and order)(sej)
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Filing 6
ORDER: The court GRANTS the plaintiff leave to proceed in forma pauperis #3 ; WAIVES the initial partial filing fee; ORDERS the plaintiff, Stephen M. Deane, IDOC # 995424, 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 Gretchen S Lund on 9/12/24. (Copy mailed as directed in Order). (nhc)
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Filing 5
Pursuant to General Order 2024-28, this case is now REASSIGNED to Judge Gretchen S Lund. Senior Judge James T Moody no longer assigned to the case. (ksc)
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Filing 10
MOTION for Preliminary Injunction by Plaintiff Stephen M Deane. (sej)
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Filing 4
MOTION to Have U.S. Marshal Serve Process by Plaintiff Stephen M Deane. (Attachments: #1 Cover letter)(kmt)
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Filing 3
MOTION for Order for ISP Business Office to Send Filing Fee in their Posession for the Above Captioned Matter by Plaintiff Stephen M Deane. (kmt)
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Filing 2
NOTICE titled as Filing Fee by Stephen M Deane (kmt)
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Filing 1
PRO SE COMPLAINT with Jury Demand against Nancy B Marthakis, Ron Neal, Diane Thews, filed by Stephen M Deane. (Attachments: #1 Exhibit, #2 Envelope)(No filing fee or IFP received)(File stamped copy with case number sent to Deane)(kmt)
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