BENNETT v. ZATECKY et al
| MATTHEW BENNETT |
| CHRISTINA CONYERS, DUSHAN ZATECKY, BROGAN, ARNOLD, BAKER, C. TYLER, MEDICAL STAFF and C. JACKSON |
| 1:2020cv03016 |
| November 17, 2020 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Tanya Walton Pratt |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 18, 2021. A more recent docket listing may be available from PACER.
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Filing 10
ORDER Dismissing Amended Complaint and Providing Final Opportunity to Amend. The plaintiff shall have through February 12, 2021, in which to file a second amended complaint. Signed by Judge Tanya Walton Pratt on 1/12/2021.(CBU)
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| Filing 9 AMENDED COMPLAINT against ARNOLD, BAKER, BROGAN, CHRISTINA CONYERS, C. JACKSON, MEDICAL STAFF, C. TYLER, DUSHAN ZATECKY, filed by MATTHEW BENNETT.(NAD) |
| Filing 8 RECEIPT #IP071983 for initial partial filing fee in the amount of $20.29, paid by Plaintiff. (REO) |
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Filing 7
ORDER - Dismissing Complaint and Directing Further Proceedings; The complaint names eight defendants: Dushan Zatecky, C. Jackson, Christina Conyers, C. Tyler, Officer Brogan, Officer Baker, Medical Staff, and UTM Arnold. The plaintiff alleges that on January 27, 2020, he was housed in the protective custody unit. Because Wexford acts under color of state law by contracting to perform a government function, i.e., providing medical care to correctional facilities, it is treated as a government entity for purposes of Therefore, to state a cognizable deliberate indifference claim against Wexford, the plaintiff must allege that he suffered a constitutional deprivation as a result of an express policy or custom of Wexford. The complaint makes no such allegations. The plaintiff's complaint must be dismissed for each of the reasons set forth above. The plaintiff shall have through January 12, 2020, in which to show cause why Judgment consistent with this Order should not issue or to file an amended complaint that corrects the deficiencies noted in this Order. The plaintiff shall have through January 12, 2020, in which to show cause why Judgment consistent with this Order should not issue or to file an amended complaint that corrects the deficiencies noted in this Order. The proposed amended complaint should have the proper case number, 1:20-cv-03016-TWP-MPB, and the words "Amended Complaint" on the first page. If the plaintiff does not respond by the above deadline, this action will be dismissed for failure to state a claim without further notice. Signed by Judge Sarah Evans Barker on 12/15/2020. (CKM)
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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 Twenty Dollars and Ninety-Two Cents ($20.92). See 28 U.S.C. 1915(b)(1). The plaintiff shall have through December 21, 2020, in which to pay this sum to the clerk of the district court. Signed by Judge Tanya Walton Pratt on 11/23/2020. (NAD)
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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) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff MATTHEW BENNETT. (Attachments: #1 Exhibit - Certificate of Prisoner Account and History)(REO) |
| Filing 2 COMPLAINT against ARNOLD, BAKER, BROGAN, CHRISTINA CONYERS, MEDICAL STAFF, C. TYLER, DUSHAN ZATECKY, filed by MATTHEW BENNETT. (No fee paid with this filing) (REO) |
| Filing 1 CONSENT to Prisoner E-Service by MATTHEW BENNETT located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by MATTHEW BENNETT 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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