DUMES v. TALBOT et al
| W. DUMES |
| WEXFORD OF INDIANA, LLC and PAUL TALBOT |
| 1:2020cv01665 |
| June 18, 2020 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| James Patrick Hanlon |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on March 14, 2022. A more recent docket listing may be available from PACER.
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Filing 17
ORDER SETTING PRETRIAL SCHEDULE AND DISCUSSING DISCOVERY IN PRISONER LITIGATION: This Order sets the schedule for how this action shall proceed. Part I sets forth the pretrial deadlines. Part II discusses various aspects of discovery. Facilitating the discovery process can be difficult, and this Order is issued in an effort to help explain and streamline the process for the parties. The parties should carefully read this Order. *SEE ORDER FOR ADDITIONAL INFORMATION*. Dispositive Motions due by 3/10/2021. Discovery due by 2/10/2021. Signed by Magistrate Judge Matthew P. Brookman on 8/13/2020.(AAS)
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Filing 16
Mail Returned as undeliverable - RTS/No Longer Here. #9 NOTICE of Lawsuit & Waiver Issued by Clerk, #2 Complaint, #8 Order sent to PAUL TALBOT, MEDICAL EMPLOYEE Pendleton Correctional Facility 4490 West Reformatory Rd Pendleton, IN 46064. (DWH)
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Filing 15
NOTICE of Appearance by Douglass R. Bitner on behalf of Defendants PAUL TALBOT, WEXFORD OF INDIANA, LLC. (Bitner, Douglass)
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Filing 14
ANSWER to #2 Complaint , Jury Demand and Affirmative Defenses, filed by PAUL TALBOT, WEXFORD OF INDIANA, LLC.(Johnson, Rachel)
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Filing 13
NOTICE of Appearance by Rachel D. Johnson on behalf of Defendants PAUL TALBOT, WEXFORD OF INDIANA, LLC. (Johnson, Rachel)
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Filing 12
WAIVER OF SERVICE Returned Executed, filed by WEXFORD OF INDIANA, LLC. WEXFORD OF INDIANA, LLC waiver sent on 7/1/2020. (Johnson, Rachel)
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Filing 11
WAIVER OF SERVICE Returned Executed, filed by PAUL TALBOT. PAUL TALBOT waiver sent on 7/1/2020. (Johnson, Rachel)
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Filing 10
Documents to be Sent via Electronic Notice TO: 1) Wexford of Indiana, LLC - re #9 NOTICE of Lawsuit & Waiver Issued by Clerk, #2 Complaint, #8 Order. Electronic Notice to Wexford. (DWH)
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Filing 9
NOTICE of Lawsuit & Waiver Issued by Clerk TO: 1) Dr. Paul Talbot; 2) Wexford of Indiana, LLC. (DWH)
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Filing 8
ORDER SCREENING COMPLAINT AND DIRECTING FURTHER PROCEEDINGS - Based on the screening standard set forth above, Mr. Dumes's claim against Dr. Talbot shall proceed as a claim that Dr. Talbot exhibited deliberate indifference to his serious medical needs in violation of his Eighth Amendment rights. His claim against Wexford shall proceed as a claim that Wexford maintained a policy or practice that resulted in the violation of his Eighth Amendment rights. 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 complaint, dkt. #2 , applicable forms (Notice of Lawsuit and Request for Wavier of Service of Summons and Waiver of Service of Summons), and this Order. The clerk is directed to serve Wexford of Indiana, LLC, electronically. Defendant Dr. Talbot is identified as an employee of Wexford of Indiana, LLC. Wexford is ORDERED to provide the full name and last known home address of any defendant who does not waive service if they have such information. This information may be provided to the Court informally or may be filed ex parte (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 6/30/2020. Copies distributed pursuant to distribution list. (DWH)
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Filing 7
ORDER on In Forma Pauperis Status - The plaintiff's motion to proceed in forma pauperis, dkt. #3 , is granted. 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."). The assessment of even an initial partial filing fee is waived because the plaintiff has no assets and no means by which to pay a partial filing fee. 28 U.S.C. 1915(b)(4). Accordingly, no initial partial filing fee is due at this time. Signed by Judge James Patrick Hanlon on 6/24/2020. Copy to Plaintiff via US Mail. (DWH)
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Filing 6
Correspondence REQUESTING COPY of Case Docket Sheet, filed by Plaintiff. (Attachments: #1 Copy of Public Docket Sheet) (DWH)
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Filing 5
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. (TMC)
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Filing 4
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH)
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Filing 3
MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, W. DUMES. (Attachments: #1 Transaction History)(DJH)
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Filing 2
COMPLAINT against PAUL TALBOT, WEXFORD OF INDIANA, LLC, filed by W. DUMES. (No fee paid with this filing) (DJH)
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Filing 1
CONSENT to Prisoner E-Service by W. DUMES located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by W. DUMES 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. (DJH)
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