ROWE v. SCISM et al
| LESTER ROWE |
| WEXFORD MEDICAL DIRECTOR, CIF and J. SCISM |
| 1:2019cv05060 |
| December 30, 2019 |
| US District Court for the Southern District of Indiana |
| Sarah Evans Barker |
| Debra McVicker Lynch |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 11 NOTICE of Lawsuit & Waiver Issued by Clerk. (CKM) |
Filing 10
ORDER - Screening Complaint, Directing Modification of the Docket, and Directing Issuance and Service of Process; Plaintiff Lester Rowe, an inmate in the Indiana Department of Correction, filed this 42 U.S.C. 1983 action on December 30, 2019. Dkt. 1. He was granted in forma pauperis status, dkt. 7, and has paid the initial partial filing fee as directed. Dkt. 9. The complaint is now ready for screening. The clerk is directed to modify the docket to reflect that Wexford Medical Director, CIF, is J. Scisms title and not a second defendant. If Mr. Rowe believes the Court has overlooked claims and/or defendants, he shall have through February 28, 2020, in which to file a motion to reconsider that brings such claims and/or defendants to the Courts attention, or to file an amended complaint that contains the omitted claims and/or defendants. Any tendered amended complaint must contain all claims against all defendants because it will replace the original complaint and become the operative pleading. The clerk is directed pursuant to Federal Rule of Civil Procedure 4(c)(3) to issue process to defendant J. Scism, Wexford Medical Director, CIF, 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 clerk is also directed to send a courtesy copy of the complaint and this Order to attorney Douglass R. Bitner at the address shown in the distribution list below. Signed by Judge Sarah Evans Barker on 2/5/2020. Copies Mailed (CKM)
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| Filing 9 RECEIPT #IP068265 for initial partial filing fee in the amount of $111.46, paid by Plaintiff. (REO) |
| Filing 8 CONSENT to Jurisdiction to US Magistrate Judge by LESTER ROWE. (Attachments: #1 Envelope). (MAC) |
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Filing 7
Order - Granting #2 Motion for Leave to Proceed In Forma Pauperis, Assessing Initial Partial Filing Fee, and Denying Pending Motions. Pursuant to 28 U.S.C. 1915(b)(1)(A), Mr. Rowe is assessed an initial partial filing fee of one hundred eleven dollars and forty-six cents ($111.46), which shall be paid to the clerk of the district court no later than January 27, 2020. Mr. Rowes motion for service of summons by the United States Marshal Service, dkt. #3 , is denied as premature. Should personal service of a summons become necessary at a later date, the Court will order appropriate service. Finally, Mr. Rowes motion to appoint counsel, dkt. #4 , is denied without prejudice. Litigants in federal civil cases do not have a constitutional or statutory right to court-appointed counsel. The clerk shall include a copy of the Courts form Motion for Assistance with Recruiting Counsel with Mr. Rowes copy of this Order. (See Order.) Copy to Plaintiff via US Mail. Signed by Judge Sarah Evans Barker on 1/2/2020. (NAD)
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| Filing 6 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. Copy to plaintiff by US Mail. (MEH) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 4 MOTION to Appoint Counsel filed by Plaintiff, LESTER ROWE. (Attachments: #1 letters, #2 Envelope)(DJH) |
| Filing 3 MOTION Requesting Service of Process by the United States Marshal Service, filed by Plaintiff, LESTER ROWE. (Attachments: #1 Envelope)(DJH) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff, LESTER ROWE. (Attachments: #1 inmate account records, #2 Envelope)(DJH) |
| Filing 1 COMPLAINT against J. SCISM, WEXFORD MEDICAL DIRECTOR, CIF, filed by LESTER ROWE. (No fee paid with this filing) (Attachments: #1 Exhibit A records for grievance appeal, administrative remedy, complaint, #2 Exhibit B Request for Health Care, #3 Exhibit C letter re Notice of Tort Claim, #4 Proposed Summons, #5 Envelope)(DJH) |
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