UNDERWOOD v. BAGIENSKI et al
| CHRISTOPHER UNDERWOOD |
| M. BAGIENSKI, SHERI WILSON and MELISSA BAGIENSKI |
| 1:2021cv00684 |
| March 19, 2021 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| Tanya Walton Pratt |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Filing 12 Documents to be Sent via Electronic Notice - re #2 Complaint, #10 Order, #11 NOTICE of Lawsuit & Waiver Issued by Clerk Electronic Notice to Wexford. (TMC) |
| Filing 11 NOTICE of Lawsuit & Waiver Issued by Clerk upon 1) Melissa Bagienski, 2) Sheri Wilson. (TMC) (Main Document 11 replaced on 5/14/2021) (TMC). |
Filing 10
Order Granting Motion to Reconsider, Reinstating Complaint, and Directing Issuance and Service of Process - The clerk is directed pursuant to Federal Rule of Civil Procedure 4(c)(3) to issue process to defendants Melissa Bagienski and Sheri Wilson 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 Court understands the defendants to be medical providers at the Pendleton Correctional Facility and would therefore be employees of Wexford in Indiana, LLC. If either defendant is no longer employed by Wexford or otherwise does not waive service of summons, Wexford is requested to promptly inform the Court of such employee's last known physical address where she may be served with summons at her expense. This information may be provided to the Court in an ex parte filing or informally and will be kept under restricted access for the Court only (See Order). Signed by Judge Tanya Walton Pratt on 5/13/2021 (Copies mailed per distribution list).(TMC)
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| Filing 9 RECEIPT #IP073655 for initial partial filing fee in the amount of $5.43, paid by Plaintiff. (REO) |
| Filing 8 RESPONSE re #7 Order to show cause why the complaint should not be dismissed, filed by Plaintiff CHRISTOPHER UNDERWOOD. (JD) |
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Filing 7
Order Granting Motion to Proceed in Forma Pauperis, Screening and Dismissing Complaint, and Directing Plaintiff to Show Cause - This matter is before the Court on Indiana Department of Correction inmate Christopher Underwood ("Mr. Underwood") Motion to Proceed in Forma Pauperis, and for screening. Mr. Underwood commenced this 42 U.S.C. 1983 action on March 19, 2021. The Court makes the following rulings. Mr. Underwood's motion to proceed in forma pauperis, dkt. #3 , is granted to the extent that he is assessed an initial partial filing fee of five dollars and forty-three cents ($5.43). Mr. Underwood shall have through May 4, 2021, in which to pay this sum to the clerk of the district court. Mr. Underwood's complaint is dismissed for failure to state a claim upon which relief can be granted. Before dismissing this action and entering final judgment, the Court will allow Mr. Underwood through May 4, 2021, in which to show cause why the complaint should not have been dismissed and instead allowed to proceed. (See Order.) Signed by Judge Tanya Walton Pratt on 4/5/2021. (RSF)
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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. (TMC) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) |
| Filing 4 BRIEF/MEMORANDUM in Support, re #2 Complaint, filed by Plaintiff CHRISTOPHER UNDERWOOD. (AKH) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff CHRISTOPHER UNDERWOOD. (Attachments: #1 Exhibit - Certificate of Prisoner Account; Offender Trust System Transaction History Inquiry)(AKH) |
| Filing 2 COMPLAINT against M. BAGIENSKI, SHERI WILSON, filed by CHRISTOPHER UNDERWOOD. (No fee paid with this filing) (Attachments: #1 Exhibits, #2 Notice of Lawsuit and Request for Waiver of Service of Summons). (AKH) |
| Filing 1 CONSENT to Prisoner E-Service by CHRISTOPHER UNDERWOOD located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by CHRISTOPHER UNDERWOOD 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. (AKH) |
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