SMITH v. INDIANA DEPARTMENT OF CORRECTION et al
| LOWELL B. SMITH |
| PLAINFIELD CORRECTIONAL MEDICAL DEPARTMENT, CORIZION MEDICAL COMPANY, INDIANA DEPARTMENT OF CORRECTION, PLAINFIELD CORRECTIONAL FACIILITY and STANLEY KNIGHT |
| 1:2018cv02938 |
| September 21, 2018 |
| US District Court for the Southern District of Indiana |
| James Patrick Hanlon |
| Jane Magnus-Stinson |
| Doris L Pryor |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 18 Mail Returned as undeliverable - RTS/No Such Number/Unable to Forward. #13 Order on Motion to Amend/Correct sent to LOWELL B. SMITH - 251281, PLAINFIELD CORRECTIONAL FACILITY, 727 MOON ROAD, PLAINFIELD, IN 46168 . (DWH) Modified on 11/15/2018 (DWH). |
| Filing 17 Reassignment of Case to Judge James Patrick Hanlon. Judge Jane Magnus-Stinson is no longer assigned to this case. Please include the new case number ( 1:18-cv-2938-JPH-DLP), which includes the initials of the newly assigned judge, on all future filings in this matter. (JDad) |
| Filing 16 RESPONSE, re #6 Entry Screening Complaint, filed by Plaintiff LOWELL B. SMITH. (Attachments: #1 Envelope)(APD) |
| Filing 15 Second Submission of Additional Claims, filed by Plaintiff LOWELL B. SMITH. (Attachments: #1 Envelope)(APD) |
| Filing 14 Submission of Additional Claims, filed by Plaintiff LOWELL B. SMITH. (Attachments: #1 Envelope)(APD) |
| Filing 13 Entry Denying Motion to Amend - For the reasons stated in this Entry, the plaintiff's motion to amend the complaint by substituting Wexford Medical Services for Corizon Medical Company, dkt #9 , is denied. (See Entry). Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 10/24/2018. (APD) |
| Filing 12 WAIVER OF SERVICE Returned Executed, filed by STANLEY KNIGHT. STANLEY KNIGHT waiver sent on 10/15/2018. (Scheil, Andrew) |
| Filing 11 NOTICE of Appearance by Marley Genele Hancock on behalf of Defendant STANLEY KNIGHT. (Hancock, Marley) |
| Filing 10 NOTICE of Appearance by Andrew Scheil on behalf of Defendant STANLEY KNIGHT. (Scheil, Andrew) |
| Filing 9 MOTION to Amend Complaint, filed by Plaintiff LOWELL B. SMITH. (Attachments: #1 Envelope)(APD) |
| Filing 8 Documents for Service by IDOC - re #7 NOTICE of Lawsuit & Waiver Issued by Clerk, #6 EntryAdd and Terminate Parties, #1 Complaint. (APD) |
| Filing 7 NOTICE of Lawsuit & Waiver Issued by Clerk (APD) |
| Filing 6 Entry Screening Complaint and Directing Further Proceedings - The plaintiff is a prisoner currently incarcerated at Plainfield Correctional Facility. Because the plaintiff is a "prisoner" as defined by 28 U.S.C. 1915(h), this Court has an obligation under 28 U.S.C. 1915A(b) to screen his complaint before service on the defendants. The claims against Indiana Department of Correction, Plainfield Correctional Facility, Plainfield Correctional Medical Department, Corizon Medical Company, and Warden Stanley Knight, in his individual capacity, are dismissed and the clerk is directed to terminate these defendants on the docket. The state law contract and tort claims are dismissed without prejudice for lack of jurisdiction. The injunctive relief claim against Warden Stanley Knight, in his official capacity only, shall proceed in this action and the clerk is directed to update the docket accordingly. The clerk is further directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendant Warden Stanley Knight in the manner specified by Rule 4(d). The clerk is directed to serve the Indiana Department of Correction employee electronically. (See Entry). Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 10/15/2018.(APD) |
Filing 5
Order on In Forma Pauperis Status - Granting #2 Motion for Leave to Proceed in forma pauperis. The assessment of even an initial partial filing fee is waived because the plaintiff has no assets and no means by which to pay a partial filing fee. 28 U.S.C. 1915(b)(4). Accordingly, no initial partial filing fee is due at this time. Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 10/2/2018. (APD)
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| Filing 4 CONSENT to Jurisdiction to US Magistrate Judge by LOWELL B. SMITH. (Attachments: #1 Envelope)(APD) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff LOWELL B. SMITH. (Attachments: #1 Envelope)(REO) |
| Filing 1 COMPLAINT against CORIZION MEDICAL COMPANY, INDIANA DEPARTMENT OF CORRECTION, STANLEY KNIGHT, PLAINFIELD CORRECTIONAL MEDICAL DEPARTMENT, PLAINFIELD CORRECTIONAL FACILITY filed by LOWELL B. SMITH. (No fee paid with this filing) (Attachments: #1 Envelope)(REO) Modified on 9/21/2018 (REO). |
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