SAVAGE v. WEXFORD MEDICAL GROUP ET AL
| BRANDON SAVAGE |
| HANDLEY, E. GILBERT, HEATHER DAVIS and WEXFORD MEDICAL GROUP |
| 1:2019cv01583 |
| April 19, 2019 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| James R Sweeney |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on July 1, 2019. A more recent docket listing may be available from PACER.
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| Filing 15 CONSENT to Jurisdiction to US Magistrate Judge by BRANDON SAVAGE. (Attachments: #1 Envelope)(JDC) |
| Filing 14 CLOSED JUDGMENT - The Court now enters FINAL JUDGMENT. The action is dismissed without prejudice for failure to prosecute. (Copy to Plaintiff via U.S. Mail) Signed by Judge James R. Sweeney II on 5/31/2019. (JDC) |
Filing 13
ORDER DISMISSING CASE AND DIRECTING ENTRY OF FINAL JUDGMENT - In the Court's Entry dated April 23, 2019, the Court ordered the plaintiff to show cause why this case should not be dismissed as duplicative of another case proceeding in this Court, Case No. 1:19-cv-00992-JMS-TAB. The plaintiff was given a deadline to do so, and the deadline has passed without a response. Because the plaintiff has failed to respond to the Court's order, this action is dismissed without prejudice for failure to prosecute. The Court notes that the claims in this action appear to revolve around the same incident at issue in the plaintiff's other action in this Court, Case No. 1:19-cv-00992-JMS-TAB. Although difficult to discern, to the extent the plaintiff was attempting to bring any additional claims in this action, he may move for leave to amend his complaint in Case No. 1:19-cv-00992-JMS-TAB. The plaintiff's motion for counsel, dkt. #8 , is denied as moot. Final Judgment consistent with this Order shall now issue. Signed by Judge James R. Sweeney II on 5/30/2019. (JDC)
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| Filing 12 Dkt. #5 resent to Brandon Savage at updated address on docket, New Castle Correctional Facility. (JRT) |
| Filing 11 Mail Returned as undeliverable, attempted - not known, unable to forward (520 E. Market St, Indianapolis, IN 46202) #6 Order sent to BRANDON SAVAGE. (JDC) |
| Filing 10 Mail Returned as undeliverable, attempted - not known, unable to forward (520 E. Market St, Indianapolis, IN 46202) #5 Magistrate Judge's Notice of Availability to Exercise Jurisdiction sent to BRANDON SAVAGE. (JDC) |
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Filing 9
ORDER REGARDING UPDATED ADDRESS - The Court recently updated the plaintiff's address on the docket, and it appears that the plaintiff may not have received the Order issued on April 23, 2019. Accordingly, the clerk is directed to send the plaintiff a copy of docket 6 along with his copy of this Order. The deadline in that Order shall be extended through May 22, 2019. (Copy to Plaintiff via U.S. mail) Signed by Judge James R. Sweeney II on 5/7/2019. (JDC)
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| Filing 8 MOTION to Appoint Counsel, filed by Plaintiff BRANDON SAVAGE. (Attachments: #1 letter, #2 Envelope 1, #3 Envelope 2) Motions referred to Debra McVicker Lynch.(JDC) |
| Filing 7 Updated address for Brandon Savage to New Castle Correctional Facility based on the IDOC website. Added prisoner DOC number. (MEH) |
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Filing 6
Order Granting In Forma Pauperis Status and Ordering Plaintiff to Show Cause - The plaintiff's Complaint in this case was transferred from the United States District Court for the Northern District of Indiana. The Complaint appears to assert the same claims against the same defendants as the plaintiff's complaint in another case in this Court, No. 1:19-cv-00992-JMS-TAB. "A district court has an ample degree of discretion in deferring to another federal proceeding involving the same parties and issues to avoid duplicative litigation." Trippe Mfg. Co. v. Am. Power Conversion Corp., 46 F.3d 624, 629 (7th Cir. 1995); see Rizzo v. City of Wheaton, Ill., 462 Fed. Appx. 609, 613 (7th Cir. 2011) ("District courts have ample discretion to dismiss duplicative litigation...."). Because this case appears the same as another case proceeding in this Court, the plaintiff shall have through May 8, 2019, to show cause why this action should not be dismissed without prejudice as duplicative. The plaintiff's motion for leave to proceed in forma pauperis, dkt. #2 , is granted. (Copy to Plaintiff via U.S. Mail) Signed by Judge James R. Sweeney II on 4/23/2019.(JDC)
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| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JDC) |
| Filing 4 Case transferred in from District of Indiana Northern; Case Number 1:19-cv-00146. Original file copy of transfer order and docket sheet received. |
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Filing 3
ORDER transferring case to the Southern District of Indiana pursuant to 28 U.S.C. 1404(a). Signed by Chief Judge Theresa L Springmann on 4/18/19. (Copy mailed to pro se party)(jld) [Transferred from Indiana Northern on 4/19/2019.]
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Brandon Savage. (nae) [Transferred from Indiana Northern on 4/19/2019.] |
| Filing 1 PRO SE COMPLAINT with 1 copies of summons forms and 1 copies of USM-285 forms against Heather Davis, E Gilbert, Handley, Wexford Medical Group, filed by Brandon Savage. (Returned file stamped copy with case number to Savage) (Attachments: #1 Proposed Summons, #2 USM 285 form, #3 Envelope)(nae) [Transferred from Indiana Northern on 4/19/2019.] |
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