BROWN v. DR. WILSON et al
DANIEL LYNN BROWN, Jr. |
BUREAU OF PRISONS STAFF, J. F. CARAWAY, DR. MICKEY CHO, H.G. CHURCH, DR. WILSON, DRUMMY, ERIC HOLDER, K. KLINK, PAUL LAIRD, L. LARIVA, CHARLES L. LOCKETT, MILLER, MRS. BEIGHLEY, Z. NDIFE, J. OLIVER, OUTSIDE MEDICAL CONTRACTORS, CHARLES SAMUELS, UAP CLINIC HEALTH PORT, GARY ULRICH, UNITED STATES OF AMERICA and HARREL WATTS |
1:2015cv00224 |
February 13, 2015 |
US District Court for the Southern District of Indiana |
Indianapolis Office |
Debra McVicker Lynch |
Tanya Walton Pratt |
Prisoner Petitions - Prison Condition |
28 U.S.C. ยง 1331 Fed. Question |
None |
Available Case Documents
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Filing 143 ENTRY GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DIRECTING ENTRY OF FINAL JUDGMENT - 124 Motion for Summary Judgment is granted. Judgment consistent with this Entry and the Entry of August 16, 2016, shall now issue. See entry for details. Signed by Judge Tanya Walton Pratt on 9/19/2017. (Copy mailed to Plaintiff) (MEJ) Modified on 9/19/2017 to clarify (MEJ). |
Filing 119 ENTRY Dismissing Claims Against Dr. Cho, Dr. Ulrich, and the UAP Health Clinic for Lack of Jurisdiction; ORDER granting Defendant's 107 Motion to Dismiss for Lack of Jurisdiction; denying as moot Plaintiff's 111 Motion for Mediation . The Court finds no basis on which to transfer some of the claims in this action to the IDOI. No partial final judgment shall issue at this time. The clerk shall update the docket to reflect the dismissal of defendants Dr. Cho, UAP Clinic, and Dr. Ulrich. The Federal Tort Claim shall continue to proceed against the United States. Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 8/16/2016. (MAC) |
Filing 50 Entry Discussing Motion to Dismiss and Motion to Amend - Although Dr. Cho argues that Mr. Brown knew or reasonably should have known of complications from the surgery within a month or so of the surgery, this is not the type of dispute that should be properly resolved on the basis of the pleadings only. Dr. Cho's (35) motion to dismiss must therefore be DENIED. Mr. Brown's 49 motion to amend the complaint is DENIED as unnecessary. The operative complaint remains the 4 amended complaint filed on March 17, 2015. Signed by Judge Tanya Walton Pratt on 11/20/2015. Copy sent to Plaintiff via US Mail. (GSO) |
Filing 46 ENTRY ON PENDING MOTION - This matter is before the Court on Plaintiff's Motion to Stay Pretrial Schedule (Dkt. 40 ) and Motion for Appointment of Recruitment of Counsel (Dkt. 41 ). Motions are DENIED. (See order). Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 11/5/2015. (JLS) |
Filing 6 Entry Discussing Amended Complaint and Directing Service of Process - The clerk is designated pursuant to Rule 4(c)(3) of the Federal Rules of Civil Procedure to issue process to defendants United States of America, Dr. Mickey Cho, Dr. Gary Ulric h, the UAP Health Clinic, and the officials designated pursuant to Rule 4 (i)(1). Process shall consist of a summons, which shall be served with a copy of the amended complaint with exhibits (docket 4) and a copy of this Entry by the Marshal for this District or his deputy at the expense of the United States. Copies Mailed. Signed by Judge Tanya Walton Pratt on 3/25/2015(MGG) |
Filing 3 ENTRY Dismissing Complaint and Directing Further Proceedings- BUREAU OF PRISONS STAFF and OUTSIDE MEDICAL CONTRACTORS are terminated. Mr. Brown shall have a period of time, through 3/25/2015, in which to file an Amended Complaint which corrects the deficiences noted and sets forth a viable claim for relief. Signed by Judge Tanya Walton Pratt on 2/23/2015 (dist made)(CBU) |
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