NAYLOR v. WEXFORD HEALTH CARE SERVICES, INC. et al
| JOHN NAYLOR |
| PAUL TALBOT and WEXFORD HEALTH CARE SERVICES, INC. |
| 1:2018cv01218 |
| April 23, 2018 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Debra McVicker Lynch |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
43
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, AND DIRECTING FURTHER PROCEEDINGS - The defendants' motion for summary judgment, dkt 26 , is granted in part as to Mr. Naylor's claims that Dr. Talbot was deliberately indifferent to disconnected muscles in his ankle and to his request for an MRI or CT scan of his head, and denied in part as to Mr. Naylor's remaining claims. No partial sum mary judgment shall issue at this time. Mr. Naylor's motion for summary judgment, dkt 37 , is denied because material issues of fact prevent summary disposition of his remaining claims. The following claims are proceeding in this action: Eight h Amendment claims that Dr. Talbot is deliberately indifferent to Mr. Naylor's foot pain, need for lip surgery, and symptoms of GERD and IBS. An Eighth Amendment claim that Wexford maintains a policy or practice of delaying or denying effective medical treatment to save money. Although the Court has previously determined that Mr. Naylor is competent to litigate this action, see dkt. 42, it is the Court's preference that he be represented by counsel for trial or any potential settleme nt conference. Therefore, the Court will attempt to recruit counsel to represent him. Mr. Naylor shall have through December 31, 2019, in which to notify the Court if he objects to the recruitment of counsel on his behalf. After counsel is appointed for Mr. Naylor, the Magistrate Judge is requested to set this matter for a status conference to discuss what further development is necessary for trial and if the case is amenable to settlement. (See Order). Copy to John Naylor via U.S. mail. Signed by Judge Jane Magnus-Stinson on 12/9/2019. (JDH)
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