CLAY v. KNIGHT
| DEQUINCY CLAY |
| WENDY KNIGHT, ALL OF C.I.F. MEDICAL STAFF, CAROLYN BERRY, JOSHUA SCISM, MICHAEL MITCHEFF, TAMERA SMITH and YOKO SAVINO |
| 1:2019cv01333 |
| April 2, 2019 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 8, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 26 WAIVER OF SERVICE Returned Executed, filed by TAMERA SMITH. TAMERA SMITH waiver sent on 7/3/2019. (Attachments: #1 Envelope)(JDH) |
| Filing 25 NOTICE of Change of Address for DEQUINCY CLAY. (Attachments: #1 Envelope) (JDH) |
| Filing 24 NOTICE of Appearance by Michael Roth on behalf of Defendant YOKO SAVINO. (Roth, Michael) |
| Filing 23 NOTICE of Appearance by Blair Martin Roembke on behalf of Defendant YOKO SAVINO. (Roembke, Blair) |
| Filing 22 NOTICE of Lawsuit & Waiver Issued by Clerk to Yoko Savino, Carolyn Berry, R.N., Joshua Scism, Tamera Smith, Michael Mitcheff via U.S. mail. (JDH) |
| Filing 21 Documents for Service by IDOC to: Wendy Knight - re #19 Amended Complaint, #20 Order. (JDH) (Additional attachment(s) added on 6/28/2019: #1 Waiver of Service of Summons) (JDH). |
Filing 20
Order Screening Amended Complaint and Directing Issuance and Service of Process - Plaintiff Dequincy Clay is an inmate at the Correctional Industrial Facility in Pendleton, Indiana. He has filed an amended complaint in this 42 U.S.C. 1983 action alleging deliberate indifference to a serious medical need. Because Mr. Clay is a "prisoner," his amended complaint is subject to the screening requirements of 28 U.S.C. 1915A. Mr. Clay's Eighth Amendment claims against all defendants shall proceed. The Court previously allowed Mr. Clay's Eighth Amendment claim against Wendy Knight to proceed, see dkt. 12, and his Eighth Amendment claim against the other defendants will proceed for the same reasons. Mr. Clay's equal protection claims are dismissed for failure to state a claim on which relief can be granted. To state an equal protection claim, Mr. Clay would have to allege that (1) he was a member of a protected class, (2) he was treated differently from a similarly situated member of an unprotected class, and (3) the defendants were motivated by a discriminatory purpose. Alston v. City of Madison, 853 F.3d 901, 906 (7th Cir. 2017). Mr. Clay does not allege facts to satisfy any of those requirements. The clerk is directed to add on the docket defendants (1) Yoko Savino, (2) Carolyn Berry, R.N., (3) Joshua Scism, (4) Tamera Smith, and (5) Michael Mitcheff. The clerk is directed pursuant to Federal Rule of Civil Procedure 4(c)(3) to issue process to defendants (1) Warden Wendy Knight, (2) Yoko Savino, (3) Carolyn Berry, R.N., (4) Joshua Scism, (5) Tamera Smith, and (6) Michael Mitcheff. Process shall consist of the amended complaint (dkt. 19), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order. The clerk is directed to send a courtesy copy of this Order to attorney Douglass R. Bitner. (See Order). Copies to all listed in distribution list via U.S. mail. Copy to Warden Wendy Knight via e-service. Signed by Judge Jane Magnus-Stinson on 6/28/2019.(JDH)
|
| Filing 19 AMENDED COMPLAINT against All Defendants, filed by DEQUINCY CLAY. (Attachments: #1 Exhibit to Amended Complaint)(JDH) |
| Filing 18 Documents for Service by IDOC to: Wendy Knight - re #17 NOTICE of Lawsuit & Waiver Issued by Clerk, #1 Complaint, #12 Order, #16 Order. (JDH) |
| Filing 17 NOTICE of Lawsuit & Waiver Issued by Clerk. (JDH) |
|
Filing 16
Order Directing Re-Issuance of Process - The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to re-issue process to defendant Wendy Knight in the manner specified by Rule 4(d). Process shall consist of the complaint (dkt. 1), applicable forms (Second Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and the Court's May 30, 2019, entry (dkt. 12). The clerk is directed to serve the Indiana Department of Correction employee electronically. Copy to Dequincy Clay via U.S. mail. Signed by Judge Jane Magnus-Stinson on 6/13/2019.(JDH)
|
|
Filing 15
Order Granting Motion for Extension of Time - Petitioner Dequincy Clay's motion for extension of time, dkt. #14 , is granted to the extent that Mr. Clay shall have through July 12, 2019, to file an amended complaint naming additional defendants. If Mr. Clay opts to file an amended complaint, it must include the case number associated with this action, No. 1:19-cv-01333-JMS-TAB. If an amended complaint is filed, it will be screened pursuant to 28 U.S.C. 1915A(b) and will completely replace the original complaint, so it must include all defendants, claims, factual allegations, and relief sought in this action. The clerk is directed to include a blank Complaint Form with the plaintiff's copy of this order. Copies to Dequincy Clay via U.S. mail. Signed by Judge Jane Magnus-Stinson on 6/12/2019. (Attachments: #1 Complaint Form) (JDH)
|
| Filing 14 MOTION for Extension of Time and Response to #12 Court Order, filed by Plaintiff DEQUINCY CLAY. (Attachments: #1 Exhibit A)(JDH) |
| Filing 13 NOTICE of Lawsuit & Waiver Issued by Clerk. (Attachments: #1 Complaint) (JDH) |
|
Filing 12
Order Screening Complaint, Dismissing Deficient Claims, and Directing Issuance and Service of Process - Plaintiff Dequincy Clay, an inmate in the Indiana Department of Correction, filed this 42 U.S.C. 1983 action on April 2, 2019. The initial partial filing fee has been paid and the complaint is now ready for screening. Mr. Clay's Eighth Amendment deliberate indifference claim shall proceed against defendant Warden Wendy Knight. All other claims and defendants are dismissed. However, should Mr. Clay file an amended complaint by June 25, 2019, identifying persons in the medical staff and allege conduct suggesting deliberate indifference by those persons, the Court will screen the amended complaint to identify viable claims. Any amended complaint would replace the original complaint, therefore an amended complaint must include all claims and defendants. Otherwise, the one claim allowed to proceed is the only viable claim identified by the Court in Mr. Clay's complaint. Should Mr. Clay believe the Court has overlooked a claim and/or defendant, or believes the Court's screening is in error, he shall have through June 25, 2019, in which to file a motion to reconsider. The clerk is directed pursuant to Federal Rule of Civil Procedure 4(c)(3) to issue process to defendant Warden Wendy Knight in the manner specified by Rule 4(d). Process shall consist of the complaint, dkt. 1, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order. The Court has (1) screened Mr. Clay's complaint and directed an Eighth Amendment deliberate indifference claim to proceed against Warden Wendy Knight; (2) dismissed all other claims and defendants; (3) allowed Mr. Clay through June 25, 2019, to file a motion to reconsider or amended complaint; and (4) directed the issuance and service of process. Finally, the clerk is directed to update the docket to terminate All of C.I.F. Medical Staff as a defendant. (See Entry). Copy to Dequincy Clay via U.S. mail. Signed by Judge Jane Magnus-Stinson on 5/30/2019.(JDH)
|
|
Filing 11
Order Denying Without Prejudice Motion for Preliminary Injunction - The motion for preliminary injunctive relief, dkt. #7 , is denied without prejudice. After the defendant has been given notice of a motion for preliminary injunctive relief, or after the defendant has entered an appearance in this case, Mr. Clay may renew his request for preliminary injunctive relief. (See order). Copy to Dequincy Clay via U.S. mail. Signed by Judge Jane Magnus-Stinson on 5/28/2019. (JDH)
|
| Filing 10 ***PLEASE DISREGARD, FILED IN WRONG CASE*** BRIEF/MEMORANDUM in Support re #9 MOTION for Summary Judgment, filed by Plaintiff DEQUINCY CLAY. (JDH) Modified on 5/21/2019 (JDH). |
| Filing 9 ***PLEASE DISREGARD, FILED IN WRONG CASE*** MOTION for Summary Judgment, filed by Plaintiff DEQUINCY CLAY. (Attachments: #1 Exhibits, #2 Designation of Evidence)(JDH) Modified on 5/22/2019 (JDH). |
| Filing 8 AFFIDAVIT of DEQUINCY CLAY. (JDH) |
| Filing 7 MOTION for Preliminary Injunction, filed by Plaintiff DEQUINCY CLAY. (JDH) (Additional attachment(s) added on 5/21/2019: #1 Exhibits) (JDH). |
| Filing 6 RECEIPT #IP064963 for initial partial filing fee in the amount of $24.26, paid by Plaintiff. (REO) |
| Filing 5 Letter from DeQuincy Clay regarding payment of filing fee. (Attachments: #1 Envelope) (JDH) |
|
Filing 4
Order Granting Motion for Leave to Proceed In Forma Pauperis And Directing Payment of Initial Partial Filing Fee - Plaintiff Dequincy Clay's motion for leave to proceed in forma pauperis, dkt. #2 , is granted. Pursuant to 28 U.S.C. 1915(b)(1)(A), an initial partial filing fee of twenty-four dollars and twenty-six cents ($24.26) is assessed and shall be paid to the clerk of the district court no later than May 3, 2019. Although Mr. Clay 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."). Screening of the complaint pursuant to 28 U.S.C. 1915A shall occur after receipt of the initial partial filing fee. (Copy to Plaintiff via U.S. Mail) Signed by Judge Jane Magnus-Stinson on 4/5/2019. (JDC)
|
| 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 DEQUINCY CLAY. (Attachments: #1 Exhibit - Offender Transaction History)(REO) |
| Filing 1 COMPLAINT against ALL OF C.I.F. MEDICAL STAFF, WENDY KNIGHT, filed by DEQUINCY CLAY. (No fee paid with this filing) (Attachments: #1 Exhibit - Grievance documents, #2 Proposed Summons)(REO) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Indiana Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
