WEBSTER v. CARTER JR et al
| TOBY L. WEBSTER |
| ROBERT E CARTER JR, DAUSS, INDIANA DEPT CORRECTIONS, DENNIS REAGEL, AGBOLA, CENTURION MEDICAL PROVIDER, CHRISTINA CONYERS, M. RAINS and AGBOOLA |
| 1:2022cv02416 |
| December 16, 2022 |
| U.S. District Court for the Southern District of Indiana |
| Tim A Baker |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 MOTION to Appoint Counsel filed by TOBY L. WEBSTER. (JDC) Modified to correct event on 2/7/2023 (JRT). |
| Filing 22 NOTICE of Lawsuit & Waiver Issued by Clerk TO: 1) NP Agboola. Copy to NP Agboola via US Mail. (SWM) |
Filing 21
ORDER AGAIN DIRECTING SERVICE OF PROCESS - The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to again issue process to defendant Agboola in the manner specified by Fed. R. Civ. P. 4(d). Process shall consist of the complaint, dkt. #2 ; screening entry, dkt. #11 ; applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons); and this Order. Copies to NP Agbool via US Mail. Signed by Magistrate Judge Tim A. Baker on 2/2/2023.(SWM)
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| Filing 20 Rule 7.1 Disclosure Statement by CENTURION MEDICAL PROVIDER identifying Corporate Parent MHM SERVICES, INC., Corporate Parent CENTURION, LLC, Corporate Parent Centurion Equity, Inc. for CENTURION MEDICAL PROVIDER.. (Crandall, Jeb) |
| Filing 18 ENTRY DOCUMENTING EX PARTE COMMUNICATION - The Court has been notified by counsel for Centurion that the clerk's attempts to serve defendant Agbola have been unsuccessful. In receiving this information informally, the Court has agreed not to disclose defendant Agbola's last known address to the parties and to use it only for the purpose of effecting service on the defendant. Accordingly, the clerk is directed to docket the address with access restricted only to court users. This address information may be further disclosed to the United States' Marshal or his designee to assist with service. The clerk is further directed to update the docket to reflect the correct spelling of the defendant's last name: Agboola. Signed by Magistrate Judge Tim A. Baker on 1/31/2023.(SWM) |
| Filing 16 WAIVER OF SERVICE Returned Executed, filed by CENTURION MEDICAL PROVIDER. CENTURION MEDICAL PROVIDER waiver sent on 1/25/2023. (Crandall, Jeb) |
| Filing 15 NOTICE of Appearance by Austin Ryan Andreas on behalf of Defendant CENTURION MEDICAL PROVIDER. (Andreas, Austin) |
| Filing 14 NOTICE of Appearance by Jeb Adam Crandall on behalf of Defendant CENTURION MEDICAL PROVIDER. (Crandall, Jeb) |
| Filing 13 Documents to be Sent via Electronic Notice - re #11 Order, #2 Complaint, #12 NOTICE of Lawsuit & Waiver Issued by Clerk Electronic Notice to Centurion. (JSR) |
| Filing 12 NOTICE of Lawsuit & Waiver Issued by Clerk upon: 1) Agbola; and 2) Centurion Medical Provider. (JSR) |
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Filing 11
Order Granting Renewed Motion for Leave to Proceed In Forma Pauperis, Screening Complaint, and Directing Service of Process - Plaintiff Toby L. Webster is a prisoner currently incarcerated at Pendleton Correctional Facility. He alleges in this civil action that the defendants were deliberately indifferent to injuries he suffered after an altercation with another inmate. Dkt. #2 . Because Mr. Webster is a "prisoner," this Court has an obligation to screen the complaint before service on the defendants. Mr. Webster's renewed motion for leave to proceed in forma pauperis without paying an initial partial filing fee, dkt. #10 , is granted because his current trust account statement shows that he lacks the funds to pay the initial partial filing fee. Mr. Webster's Eighth Amendment claims against NP Agbola and Centurion are proceeding. This summary of claims includes all of the viable claims identified by the Court. All other claims have been dismissed. If Mr. Webster believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through February 20, 2023, in which to identify those claims. The clerk is directed to terminate Robert Carter, Dr. Dauss, IDOC, Warden Reagel, Christina Conyers, and M. Rains as defendants on the docket. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants Agbola and Centurion 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 Centurion and its employee electronically. Defendant Agbola is identified as an employee of Centurion. Centurion is ORDERED to provide the full name and last known home address of NP Agbola if NP Agbola does not waive service if they have such information. This information may be provided to the Court informally or may be filed ex parte. The clerk is directed to include a motion for counsel form with Mr. Webster's copy of this Order. (See Order.) Signed by Judge Jane Magnus-Stinson on 1/25/2023. (Attachments: #1 Motion for Assistance with Recruiting Counsel Form) (JSR)
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| Filing 10 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff TOBY L. WEBSTER. (Attachments: #1 Exhibit)(JDC) |
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Filing 9
Order - The plaintiff's motion to reconsider the Court's assessment of an initial partial filing fee, dkt. #8 , is denied because it does not state why the plaintiff is unable to pay the initial partial filing fee. The plaintiff's deadline to pay the initial partial filing fee of $1.66, or to explain why he is unable to do so, is extended through February 17, 2023. The failure to do so by this date will result in the dismissal of this action without further warning. If the plaintiff renews his motion to reconsider the initial partial filing fee, he must include a copy of his current trust account statement. Signed by Judge Jane Magnus-Stinson on 1/18/2023. Copy to Financial Deputy Clerk via CM/ECF. (JSR)
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| Filing 8 MOTION for Reconsideration re #6 Order on Motion for Leave to Proceed in forma pauperis, filed by Plaintiff TOBY L. WEBSTER. (Attachments: #1 Exhibit)(JDC) |
| Filing 7 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. (MEH) |
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Filing 6
ORDER granting #3 Motion for Leave to Proceed in forma pauperis to the extent that the plaintiff is assessed an initial partial filing fee of $1.66. See 28 U.S.C. 1915(b)(1). The plaintiff shall have through January 20, 2023, in which to pay this sum to the clerk of the district court. Signed by Judge Jane Magnus-Stinson on 12/19/2022. (CBU)
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| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DRB) |
| Filing 4 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DRB) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff TOBY L. WEBSTER. (Attachments: #1 Exhibit)(DRB) |
| Filing 2 COMPLAINT against AGBOLA, ROBERT E CARTER JR, CENTURION MEDICAL PROVIDER, CHRISTINA CONYERS, DAUSS, INDIANA DEPT CORRECTIONS, M. RAINS, DENNIS REAGEL, filed by TOBY L. WEBSTER. (No fee paid with this filing) (Attachments: #1 Exhibit)(DRB) |
| Filing 1 CONSENT to Prisoner E-Service by TOBY L WEBSTER DR located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by TOBY L WEBSTER DR 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. (DRB) |
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