MACKEY v. CORIZON HEALTH LLC et al
| CLINTON B. MACKEY |
| SAMUEL J. BYRD, MARY A. CHAVEZ, CORIZON HEALTH LLC, BARBRA RIGGS and WEXFORD HEALTH SOURCES, INC. |
| PENDLETON CF (Court Use Only) |
| 1:2018cv00407 |
| February 12, 2018 |
| U.S. District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tanya Walton Pratt |
| Doris L. Pryor |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
56
ENTRY - GRANTING 49 MOTION FOR LEAVE TO FILE AMENDED COMPLAINT, SCREENING SECOND AMENDED COMPLAINT, DIRECTING ISSUANCE OF PROCESS, AND DIRECTING FURTHER PROCEEDINGS. Mr. Mackey's unopposed motion for leave to file an amended complaint, dk t. 49 , is granted. The clerk is directed to redocket the proposed amended pleading, dkt. 49-1, as the Second Amended Complaint. This action shall proceed with the Second Amended Complaint as the operative pleading in the action. This action shal l proceed with Eighth Amendment deliberate indifference claims against Defendants Byrd, Chavez, Riggs, Talbot, and Mitcheff; and Eighth Amendment policy-or-practice claims against Corizon and Wexford. If Mr. Mackey believes that additional claims were alleged in the Second Amended Complaint, but not identified by the Court, he shall have through March 4, 2019, to identify those claims. The clerk is directed to update the docket by changing the names of Defendants Corizon Health, LLC, and W exford Health Sources, Inc., to Corizon, LLC, and Wexford of Indiana, LLC, respectively. The clerk is directed pursuant to Federal Rule of Civil Procedure 4(c)(3) to issue process to Defendant Dr. Michael Mitcheff in the manner specified by Federa l Rule of Civil Procedure 4 (d). Process shall consist of the Second Amended Complaint, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. The clerk is also directed t o update the docket to reflect that Dr. Mitcheff is now a defendant in the action. Each defendant who has already appeared shall have through February 25, 2019, to answer the amended complaint. Dr. Mitcheff shall have 14 days from the date he answers the Second Amended Complaint to complete any action the pretrial schedule would have required him to complete by a deadline that passed before he answered.(See Entry.) Signed by Judge Tanya Walton Pratt on 2/6/2019. (NAD)
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Filing
38
ENTRY - DENYING AS UNNECESSARY 31 MOTION FOR EXTENSION OF TIME, GRANTING 32 MOTION FOR LEAVE TO FILE AMENDED COMPLAINT, SCREENING AMENDED COMPLAINT, AND DIRECTING FURTHER PROCEEDINGS. The clerk is directed to redocket the proposed amended com plaint, Dkt. 32-1, as the amended complaint. This action shall proceed with the amended complaint as the operative pleading in the action. The action shall proceed with Eighth Amendment deliberate indifference claims against Defendants Byrd, Chave z, Riggs, and Talbot; and Eighth Amendment policy- or-practice claims against Corizon and Wexford. If Mr. Mackey believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through December 14, 2018 , in which to identify those claims. Claims against John Doe Medical Regional Director are dismissed for failure to state a claim upon which relief can be granted. The clerk is directed pursuant to Federal Rule of Civil Procedure 4(c)(3) to issue process to Defendant Talbot in the manner specified by Federal Rule of Civil Procedure 4 (d). Process shall consist of the amended complaint, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. The clerk is also directed to update the docket to reflect that Dr. Talbot is now a defendant in the action. Each defendant who has already appeared shall have through November 30, 2018, to answer the amended complaint. (See Entry.) Signed by Judge Tanya Walton Pratt on 11/20/2018. (NAD)
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Filing
10
ENTRY SCREENING COMPLAINT AND DIRECTING ISSUANCE OF PROCESS - Plaintiff Clinton Mackey is an inmate confined at Pendleton Correctional Facility (PCF) and is therefore a "prisoner" as defined by 28 U.S.C. § 1915(h). Consequently, th is Court has an obligation under 28 U.S.C. § 1915A(b) to screen his complaint before service on the defendants. This action shall proceed with Eighth Amendment deliberate indifference claims against Defendants Byrd, Chavez, and Riggs; and Eig hth Amendment policy-or-practice claims against Corizon and Wexford. If Mr. Mackey believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through June 19, 2018, in which to identify those claims. (See Entry.) Copy of Entry mailed per distribution list. Signed by Judge Tanya Walton Pratt on 5/21/2018.(NAD)
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