JACKSON v. WEXFORD OF INDIANA, LLC et al
| SAMUEL JACKSON |
| MICHAEL KING, MICHELLE LAFLOWER, WEXFORD OF INDIANA, LLC, CARRIE STEPHENS, KASEY HAYDEN, PAUL TALBOT, ALEYCIA MCCULLOUGH and CARRIE WELDER |
| 1:2019cv03141 |
| July 26, 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
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Filing 25
Entry Discussing Motion for Photographs - The plaintiff, an inmate at Pendleton Correctional Facility, seeks to have photographs taken of his "black fungus on his toe-nail that spread onto multiple toes and nails causing them to be infected, black and rotten...." Dkt. 11 at p. 1. The prison has indicated that photographs will be taken only if the prison receives a court order. The purported purpose of plaintiff's motion is to comply with Pendleton Correctional Facility's requirements. The plaintiff's motion for preservation of evidence is really a motion requesting an Order directing the plaintiff's custodian to take a photograph of his toes. As so understood the motion, dkt #11 , is granted. As an inmate, the plaintiff does not have the ability to take pictures on his own. These pictures will be important to resolve the merits of his claims. The plaintiff's custodian is requested to photograph plaintiff Samuel Jackson's toes and to provide a copy to the plaintiff and Attorney Douglass R. Bitner by October 18, 2019. A copy of this Entry shall be sent to Michelle Rains at Pendleton Correctional Facility. Ms. Rains assistance in this matter is appreciated. Copy to Michelle Rains via U.S. mail. Signed by Judge Jane Magnus-Stinson on 9/20/2019. (JDH)
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| Filing 24 NOTICE of Appearance by Douglass R. Bitner on behalf of Defendants MICHELLE LAFLOWER, CARRIE STEPHENS, PAUL TALBOT, CARRIE WELDER, WEXFORD OF INDIANA, LLC. (Bitner, Douglass) |
| Filing 23 WAIVER OF SERVICE Returned Executed, filed by PAUL TALBOT. PAUL TALBOT waiver sent on 8/7/2019. (Bitner, Douglass) |
| Filing 22 WAIVER OF SERVICE Returned Executed, filed by CARRIE WELDER. CARRIE WELDER waiver sent on 8/7/2019. (Bitner, Douglass) |
| Filing 21 WAIVER OF SERVICE Returned Executed, filed by CARRIE STEPHENS. CARRIE STEPHENS waiver sent on 8/7/2019. (Bitner, Douglass) |
| Filing 20 WAIVER OF SERVICE Returned Executed, filed by MICHELLE LAFLOWER. MICHELLE LAFLOWER waiver sent on 8/7/2019. (Bitner, Douglass) |
| Filing 19 Mail Returned as undeliverable. #8 Amended Complaint, #13 NOTICE of Lawsuit & Waiver Issued by Clerk, #12 Order sent to MICHELLE LAFLOWER at Pendleton CF. (JDH) |
| Filing 18 WAIVER OF SERVICE Returned Executed, filed by WEXFORD OF INDIANA, LLC. WEXFORD OF INDIANA, LLC waiver sent on 8/7/2019. (Bitner, Douglass) |
| Filing 17 Mail Returned as undeliverable. #9 MOTION for Preliminary Injunction, #8 Amended Complaint, #13 NOTICE of Lawsuit & Waiver Issued by Clerk, #12 Order sent to CARRIE WELDER at Pendleton CF. (JDH) |
| Filing 16 Mail Returned as undeliverable. #9 MOTION for Preliminary Injunction, #8 Amended Complaint, #13 NOTICE of Lawsuit & Waiver Issued by Clerk, #12 Order sent to CARRIE STEPHENS at Pendleton CF. (JDH) |
| Filing 15 Mail Returned as undeliverable. #9 MOTION for Preliminary Injunction, #8 Amended Complaint, #13 NOTICE of Lawsuit & Waiver Issued by Clerk, #12 Order sent to ALEYCIA MCCULLOUGH at Pendleton CF. (JDH) |
| Filing 14 RECEIPT #IP066197 for partial filing fee in the amount of $5.23, paid by Plaintiff. (DJH) |
| Filing 13 NOTICE of Lawsuit & Waiver Issued by Clerk. (JDH) |
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Filing 12
Order Screening Amended Complaint and Directing Further Proceedings - Plaintiff Samuel Jackson, an inmate at the Pendleton Correctional Facility, brings this action pursuant to 42 U.S.C. 1983 alleging that he has received inadequate treatment for his serious medical needs. Since he filed his initial complaint, he has filed an amended complaint. The amended complaint is therefore the operative complaint. Because the plaintiff is a "prisoner" as defined by 28 U.S.C. 1915A(c), this Court has an obligation under 28 U.S.C. 1915A(a) to screen the amended complaint before service on the defendants. In sum, Mr. Jackson's Eighth Amendment claims shall proceed against Wexford of Indiana, LLC, Dr. Paul Talbot, Michelle LaFlower, Carrie Stephens, Aleycia McCullough, and Carrie Welder. 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 August 30, 2019, in which to identify those claims. The clerk shall terminate Michael King and Kasey Hayden and add Aleycia McCullough and Arrie Welder as defendants on the docket. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to the defendants in the manner specified by Rule 4(d). Process shall consist of the amended complaint (dkt. 8), applicable forms (Notice of Lawsuit and Request for Wavier of Service of Summons and Waiver of Service of Summons), and this Order. The clerk shall include a copy of Mr. Jackson's motion for preliminary injunction (dkt. 9) with the defendants' copy of this Order. The defendants shall respond to the motion for preliminary injunction when they answer the amended complaint. (See Order). Copies mailed per distribution list. Signed by Judge Jane Magnus-Stinson on 8/7/2019.(JDH)
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| Filing 11 MOTION to Order Facility to Take Photographs of Plaintiff for Preservation of Evidence, filed by Plaintiff SAMUEL JACKSON. (Attachments: #1 Exhibit A, #2 Cover Letter)(JDH) |
| Filing 10 NOTICE to Pro se Litigant - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court.(MEH) Modified on 8/5/2019 (MEH). |
| Filing 9 MOTION for Preliminary Injunction, filed by Plaintiff SAMUEL JACKSON. (Attachments: #1 Declaration in support of motion)(JDH) |
| Filing 8 AMENDED COMPLAINT against All Defendants, filed by SAMUEL JACKSON. (Attachments: #1 Cover Letter)(JDH) |
| Filing 7 AFFIDAVIT by SAMUEL JACKSON. (JDH) |
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Filing 6
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 Five Dollars and Twenty-Three Cents ($5.23). See 28 U.S.C. 1915(b)(1). The plaintiff shall have through August 26, 2019, in which to pay this sum to the clerk of the district court. After the initial partial filing fee is received, the Court will screen the complaint in accordance with 28 U.S.C. 1915A. Signed by Judge Jane Magnus-Stinson on 7/30/2019. (JDH)
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| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 4 AFFIDAVIT of SAMUEL JACKSON. (REO) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff SAMUEL JACKSON. (Attachments: #1 Exhibit - Offender Trust History, #2 Cover Letter)(REO) |
| Filing 2 COMPLAINT against KASEY HAYDEN, MICHAEL KING, MICHELLE LAFLOWER, CARRIE STEPHENS, PAUL TALBOT, WEXFORD OF INDIANA, LLC, filed by SAMUEL JACKSON. (No fee paid with this filing) (Attachments: #1 Cover Letter)(REO) |
| Filing 1 CONSENT to Prisoner E-Service by SAMUEL JACKSON located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by SAMUEL JACKSON 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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