MCLEAN v. WEXFORD HEALTH SOURCES, INC. et al
| SCOTTIE MCLEAN and ROGER PERRY |
| WEXFORD HEALTH SOURCES, INC., DAVID RICHARDSON, CIEMONE EASTER-ROSE, SCOTT LEVINE and WEXFORD OF INDIANA, LLC |
| 1:2019cv00752 |
| February 19, 2019 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Tanya Walton Pratt |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 15
ORDER - NOTICE TO PRO SE LITIGANTS : The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. Pro se litigants should read this Notice carefully before filing anything further with the Court. All litigants are expected to comply with the Federal Rules of Civil Procedure and this Court's Local Rules. Therefore, the rules and procedures contained in this Notice are not all of the rules pro se litigants must follow. *SEE ORDER FOR ADDITIONAL INFORMATION*. Signed by Judge Tanya Walton Pratt on 4/8/2019.(NAD)
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| Filing 14 NOTICE of Lawsuit & Waiver Issued by Clerk to: 1) Wexford of Indiana, LLC; 2) Dr. Ciemone Easter-Rose; 3) Dr. David Richardson; (4) Dr. Scott Levine; and (5) Dr. Roger Perry. (NAD) |
| Filing 13 ENTRY SCREENING COMPLAINT AND DIRECTING SERVICE - The clerk is directed, pursuant to Fed. R. Civ. P. 4(c), to issue process to (1) Wexford of Indiana, LLC; (2) Dr. Ciemone Easter-Rose; (3) Dr. David Richardson; (4) Dr. Scott Levine; and (5) Dr. Roger Perry. Process shall consist of the complaint filed February 19, 2019 (dkt. #2 ), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. Mr. McLean's Eighth Amendment deliberate indifference claims against the defendants shall proceed. His First Amendment retaliation claims against the defendants shall proceed. His Fourteenth Amendment equal protection claims against the defendants shall proceed. Mr. McLean's conspiracy and breach of contract claims against the defendants are dismissed. The clerk is directed to update the docket to reflect the correct spelling of defendant Wexford Health Sources, Inc. as Wexford of Indiana, LLC. The clerk is further directed to add Dr. Roger Perry as a defendant on the docket. This summary includes all of the viable claims identified by the Court in the complaint. If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through May 8, 2019, in which to identify those claims. Copies mailed via US Mail per distribution list. Signed by Judge Tanya Walton Pratt on 4/8/2019.(NAD) |
| Filing 12 Address updated for Scottie McLean based on the Indiana Department of Correction's website from Pendleton Correctional Facility to Plainfield Correctional Facility. (JRT) |
| Filing 11 RECEIPT #IP064454 for Partial fee in the amount of $31.96, paid by Plaintiff. (HET) |
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Filing 10
ORDER GRANTING MOTION FOR INFORMATION - The plaintiff's motion for information, dkt. #9 , is granted. The clerk is directed to send the plaintiff a copy of the docket sheet and copies of docket entries 1 through 5. Signed by Judge Tanya Walton Pratt on 3/11/2019. (Attachments: #1 Public Docket Sheet, #2 Copies of docket #'s 1-5) (NAD)
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| Filing 9 MOTION for Information, filed by Plaintiff SCOTTIE MCLEAN. (NAD) |
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Filing 8
ORDER ON #7 RENEWED MOTION TO PROCEED IN FORMA PAUPERIS - The plaintiff's motion to proceed in forma pauperis, dkt. #7 , is granted to the extent that the plaintiff is assessed an initial partial filing fee of Thirty-One Dollars and Ninety-Six Cents ($31.96). The plaintiff shall have through April 4, 2019, in which to pay this sum to the clerk of the district court. Signed by Judge Tanya Walton Pratt on 3/5/2019. (NAD)
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| Filing 7 RENEWED MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff SCOTTIE MCLEAN. (Attachments: #1 Cover Letter, #2 Offender Trust Account, #3 Text of Proposed Order)(MAT) |
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Filing 6
ORDER - denying #4 Motion for Leave to Proceed in forma pauperis. The plaintiff's motion to proceed in forma pauperis, dkt. #4 , is denied because he submitted trust account records for only the 3-month period prior to the filing of this action. He shall have through March 25, 2019, in which to renew his motion to proceed in forma pauperis by attaching a copy of the transactions associated with his institution trust account for the 6-month period preceding the filing of this action on February 19, 2019. Otherwise, the plaintiff must pay the $400.00 filing fee. Signed by Judge Tanya Walton Pratt on 2/26/2019. (NAD)
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| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff SCOTTIE MCLEAN. (Attachments: #1 Offender Trust History)(REO) |
| Filing 3 AFFIDAVIT re #2 Complaint by SCOTTIE MCLEAN. (REO) |
| Filing 2 COMPLAINT against CIEMONE EASTER-ROSE, SCOTT LEVINE, DAVID RICHARDSON, WEXFORD HEALTH SOURCES, INC., filed by SCOTTIE MCLEAN. (No fee paid with this filing) (Attachments: #1 Cover Letter)(REO) |
| Filing 1 CONSENT to Prisoner E-Service by SCOTTIE MCLEAN located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by SCOTTIE MCLEAN to the court for filing will generate a Notice of Electronic Filing that will constitute official service upon registered users of CM/ECF. If any parties to the case are not registered CM/ECF users, the Clerk of the Court will mail the document via U.S. Postal Service on behalf of the inmate. NOTE: The E-Filing Program does not affect the obligation of other parties to serve copies of documents in accordance with the Federal Rules of Civil Procedure. (REO) |
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