GRAHAM v. ZATECKY et al
| ROGER GRAHAM |
| DUSHAN ZATECKY, ALEYCIA MCCULLOUGH, MICHELLE LAFLOWER, WEXFORD OF INDIANA, LLC, PAUL A. TALBOT and NIKKI TAFOYA |
| 1:2019cv00851 |
| February 27, 2019 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| James R Sweeney |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Filing 12 Documents for Service by IDOC - re #2 Complaint, #9 Entry, #10 NOTICE of Lawsuit & Waiver Issued by Clerk. (Warden Dushan Zatecky, Nikki Tafoya) (JDC) |
Filing 11
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 James R. Sweeney II on 4/12/2019.(JDC)
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| Filing 10 NOTICE of Lawsuit & Waiver Issued by Clerk to (1) Warden Dushan Zatecky, (2) Dr. Paul Talbot, (3) Michelle LaFlower, (4) Aleycia McCullough, (5) Nikki Tafoya, and (6) Wexford of Indiana, LLC (LAB) (JDC) |
| Filing 9 Entry Screening Complaint and Directing Further Proceedings - The plaintiff's allegations are sufficient to state an Eighth Amendment medical claim against each defendant pursuant to 42 U.S.C. 1983, and they are sufficient to state an Eighth Amendment policy or practice claim against Wexford. Therefore, these claims shall proceed. This summary of claims includes all of the viable claims identified by the Court. All other claims have been dismissed. If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through May 3, 2019, in which to identify those claims. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants (1) Warden Dushan Zatecky, (2) Dr. Paul Talbot, (3) Michelle LaFlower, (4) Aleycia McCullough, (5) Nikki Tafoya, and (6) Wexford of Indiana, LLC in the manner specified by Fed. R. Civ. P. 4(d). Process shall consist of the complaint (docket 2), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. Signed by Judge James R. Sweeney II on 4/12/2019. (JDC) |
| Filing 8 RECEIPT #IP064670 for Partial Filing fee in the amount of $24.97, paid by Plaintiff. (MAC) |
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Filing 7
ORDER granting #6 Motion for Extension of Time to 4/11/2019 for the plaintiff to pay the initial filing fee. Signed by Judge James R. Sweeney II on 3/21/2019. (CBU)
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| Filing 6 MOTION for Extension of Time to Pay Filing Fee, filed by Plaintiff ROGER GRAHAM. (JDC) |
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Filing 5
Order on Motion to Proceed In Forma Pauperis - The plaintiff's motion to proceed in forma pauperis, dkt. #3 , is granted to the extent that the plaintiff is assessed an initial partial filing fee of Twenty-Four Dollars and Ninety-Seven Cents ($24.97). See 28 U.S.C. 1915(b)(1). The plaintiff shall have through April 1, 2019, in which to pay this sum to the clerk of the district court. Although the plaintiff is excused from pre-paying the full filing fee, he still must pay the three hundred and fifty dollar ($350.00) filing fee pursuant to the statutory formula set forth in 28 U.S.C. 1915(b) (2) when able. See 28 U.S.C. 1915(b)(1) ("the prisoner shall be required to pay the full amount of a filing fee."). Signed by Judge James R. Sweeney II on 3/4/2019. (JDC)
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| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff ROGER GRAHAM. (Attachments: #1 Exhibit - Offender Trust Inquiry)(REO) |
| Filing 2 COMPLAINT against MICHELLE LAFLOWER, ALEYCIA MCCULLOUGH, NIKKI TAFOYA, PAUL A. TALBOT, WEXFORD OF INDIANA, LLC, DUSHAN ZATECKY, filed by ROGER GRAHAM. (No fee paid with this filing) (Attachments: #1 Exhibit)(REO) |
| Filing 1 CONSENT to Prisoner E-Service by ROGER GRAHAM located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by ROGER GRAHAM 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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