HUTCHISON v. JONES et al
| DEREK D.L.S. HUTCHISON |
| DAVIS and CELESTE JONES |
| 1:2020cv03119 |
| December 3, 2020 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Sarah Evans Barker |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 28, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 ANSWER to #2 Complaint with Affirmative Defenses, filed by DAVIS, CELESTE JONES.(VanTyle, Emily) |
| Filing 11 NOTICE of Appearance by Heather Terese Gilbert on behalf of Defendants DAVIS, CELESTE JONES. (Gilbert, Heather) |
| Filing 10 WAIVER OF SERVICE Returned Executed, filed by DAVIS, CELESTE JONES. DAVIS waiver sent on 12/3/2020; CELESTE JONES waiver sent on 12/3/2020. (VanTyle, Emily) |
| Filing 9 NOTICE of Appearance by Emily Kathleen VanTyle on behalf of Defendants DAVIS, CELESTE JONES. (VanTyle, Emily) |
| Filing 8 Documents to be Sent via Electronic Notice - re #7 NOTICE of Lawsuit & Waiver Issued by Clerk, #2 Complaint, #6 Order on Motion for Leave to Proceed in forma pauperis Electronic Notice to Wexford. (CKM) |
| Filing 7 NOTICE of Lawsuit & Waiver Issued by Clerk. (CKM) |
Filing 6
ORDER - granting #3 Motion for Leave to Proceed in forma pauperis; Mr. Hutchison's motion to proceed in forma pauperis, dkt. #3 , is granted. His Eighth Amendment deliberate indifference claims shall proceed against Nurse Celeste Jones and Nurse Davis in their individual capacities. All other claims are dismissed. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants Nurse Celeste Jones and Nurse Davis in the manner specified by Rule 4(d). Process shall consist of the complaint, dkt. #2 , 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 directed to serve Wexford of Indiana, LLC electronically. The individual defendants are identified as Wexford employees. If an individual defendant does not waive service, Wexford is ORDERED to provide the defendant's full name and last known address if it has such information. This information may be provided to the Court informally or may be filed ex parte. Signed by Judge Sarah Evans Barker on 12/16/2020. Copies Mailed. (CKM)
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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. Copy distributed to Plaintiff via US mail. (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 DEREK D.L.S. HUTCHISON. (Attachments: #1 Envelope)(REO) |
| Filing 2 COMPLAINT against DAVIS, CELESTE JONES, filed by DEREK D.L.S. HUTCHISON. (No fee paid with this filing) (Attachments: #1 Exhibit, #2 Envelope)(REO) |
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Filing 1
ORDER SEVERING THE COMPLAINT, DISMISSING DEFICIENT CLAIMS, AND DIRECTING SERVICE OF PROCESS - Mr. Hutchison's Eighth Amendment claims shall proceed against Nurse Terry, Sgt. Moore, EMT Gard, and Sgt. Sayler. Any claims against Nurse Celeste Jones or Nurse Davis are severed into a new cause of action. All other claims are dismissed. The clerk is directed to open a new civil action in accordance with the instructions set forth in Part IV of this Order. The clerk is directed to terminate New Castle Correctional Facility, Mark Sevier, Investigator S. Joseph, The Geo Group Inc., Lt. L. Storms, Nurse Celeste Jones, Wexford Health Sources Inc., Don Robinson, LPN Davis, Nurse Jones, Indiana Department of Correction, Indiana Department of Correction Commissioner, Governor of Indiana, State of Indiana, UTM Jacson, and all John Doe's and Jane Doe's as defendants on the docket. The clerk is directed to rename defendant "EMT Garo" as "EMT Gard" on the docket. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants Nurse Terry, Sgt. Moore, EMT Gard, and Sgt. Sayler 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 directed to serve Wexford of Indiana, LLC electronically. At least one defendant appears to be a Wexford employee. If any such defendant does not waive service, Wexford is ORDERED to provide the defendant's full name and last known address if it has such information. This information may be provided to the Court informally or may be filed ex parte. (See Order.). Signed by Judge Tanya Walton Pratt on 12/3/2020.(REO)
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