BIGSBY v. CENTURION HEALTH et al
| NICK BIGSBY |
| CENTURION HEALTH, JOHN MERSHON, DAUSS and WEXFORD OF INDIANA |
| 1:2023cv00179 |
| January 26, 2023 |
| US District Court for the Southern District of Indiana |
| Kellie M Barr |
| Matthew P Brookman |
| James Patrick Hanlon |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 8, 2023. A more recent docket listing may be available from PACER.
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Filing 13
ORDER DENYING WITHOUT PREJUDICE #12 RENEWED MOTION FOR ASSISTANCE WITH RECRUITING COUNSEL - Mr. Bigsby's motion, dkt. #12 , is DENIED without prejudice. At this time, Mr. Bigsby should continue efforts to recruit counsel on his own. The Court will remain alert to changes in circumstances that may warrant reconsideration of the motion, such as a settlement conference or trial. (See Order). Signed by Judge James Patrick Hanlon on 3/8/2023. (AKH)
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| Filing 12 MOTION to Appoint Counsel, filed by Plaintiff NICK BIGSBY. (Attachments: #1 Exhibit)(JDC) |
| Filing 11 CONSENT to Prisoner E-Service by NICK BIGSBY located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by NICK BIGSBY 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. (DWH) |
| Filing 10 Reassignment of Case to Magistrate Judge Kellie M. Barr. Magistrate Judge Matthew P. Brookman is no longer assigned to this case. Please include the new case number (1:23-cv-00179-JPH-KMB), which includes the initials of the newly assigned judge, on all future filings in this matter. (Albertson, Steven) |
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Filing 9
ORDER on In Forma Pauperis Status - The plaintiff's motion to proceed in forma pauperis, dkt. #4 , 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 2/1/2023. Copy to Plaintiff via US Mail. (DWH)
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Filing 8
ORDER DENYING WITHOUT PREJUDICE MOTION FOR ASSISTANCE WITH RECRUITING COUNSEL - Accordingly, Mr. Bigsby's motion, dkt. #3 , is denied without prejudice because it provides neither sufficient information to make a determination on the merits nor an acknowledgment of the conditions of the appointment of counsel. Mr. Bigsby may renew his motion for the appointment of counsel that the Court will send him along with his copy of this Order, after the defendants have answered. At this time, Mr. Bigsby should continue efforts to recruit counsel on his own. The clerk is directed to send Mr. Bigsby a blank form motion for assistance with recruiting counsel, along with his copy of this Order (SEE ORDER). Signed by Judge James Patrick Hanlon on 2/1/2023. Copy to Plaintiff via US Mail. (Attachments: #1 blank form motion for assistance with recruiting counsel) (DWH)
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| 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. (Copy sent to plaintiff via US mail). (JRT) |
| Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DRB) |
| Filing 5 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DRB) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff NICK BIGSBY. (DRB) |
| Filing 3 MOTION to Appoint Counsel, filed by Plaintiff NICK BIGSBY. (DRB) |
| Filing 2 COMPLAINT against CENTURION HEALTH, DAUSS, JOHN MERSHON, WEXFORD OF INDIANA, filed by NICK BIGSBY. (No fee paid with this filing) (DRB) |
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Filing 1
ORDER GRANTING PLAINTIFF'S MOTION TO SEVER CLAIMS. The clerk is directed to open one new civil action in the Indianapolis Division consistent with the following:1) The plaintiff shall be Nick Bigsby.2) The defendants in the new action are Centurion Health, Dr. John Mershon, Dr. Dauss, and Wexford of Indiana, as named in Mr. Bigsby's amended complaint at docket 23.3) The nature of the Suit will be 555.4)The Cause of Action will be 42:1983pr.5)The amended complaint filed at docket 23 shall be the complaint in the new action.6)Pursuant to Local Rule 40-1(e) of the Southern District of Indiana, theclerk shall DIRECTLY REASSIGN this new civil action to Judge James P. Hanlonand Magistrate Judge Matthew P. Brookman for all further proceedings.7)The clerk shall associate this action with the new civil action. Mr.Bigsby's motions to appoint counsel (docket 21) and motion for leave to proceed in forma pauperis (docket 22) shall be terminated as motions in this action. The clerk shall docket these motions in the new action.. Signed by Judge James Patrick Hanlon on 01/26/2023.(DRB)
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