ROSE v. HEFLIN et al
| RONALD L. ROSE |
| JOHN HEFLIN, KATE WILKS, DAVID GOBBER, TINA COLLINS and WENDY KNIGHT |
| 1:2023cv01822 |
| October 10, 2023 |
| U.S. District Court for the Southern District of Indiana |
| Kellie M Barr |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 23
Order Dismissing Claims Against Wendy Knight: Based on the plaintiff's statements at the November 21, 2023, status conference, the claims against defendant Wendy Knight are dismissed without prejudice. The clerk shall terminate Wendy Knight as a defendant on the docket. The motion for an extension of time, dkt. #20 , is denied as moot. See Order. Signed by Judge Jane Magnus-Stinson on 12/7/2023. Copy sent to Plaintiff via US Mail. (LF)
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Filing 21
RESPONSE in Opposition re #8 MOTION for Preliminary Injunction , filed by Defendants TINA COLLINS, DAVID GOBBER, JOHN HEFLIN, KATE WILKS. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brandt, Robert)
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Filing 20
MOTION for Extension of Time to 12/19/2023 , filed by Defendant WENDY KNIGHT. (Attachments: #1 Text of Proposed Order)(Freije, Jonathan)
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Filing 22
MOTION to Request Interrogatories, filed by Plaintiff RONALD L. ROSE. (Attachments: #1 Exhibit, #2 Envelope)(TPS)
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Filing 19
MINUTE ENTRY - The Parties, by counsel, appeared for a Telephonic Status Conference on the record on November 21, 2023, with Magistrate Judge Kellie M. Barr. The parties discussed Plaintiff's Emergency Motion for Preliminary Injunction. Dkt. 8. Defendants will have through December 5, 2023, to respond to the Emergency Motion. The response should identify the medical care Plaintiff is currently receiving for the conditions discussed in the motion, including whether he has been or will be referred to outside specialists. Plaintiff will have until December 19, 2023, to reply. Plaintiff stated in the conference that he wishes to dismiss his claims against Defendant Wendy Knight, since the claims he is pursuing in this action are related to the alleged inadequacy of his medical care and Defendant Knight is not a medical provider. The undersigned confirmed on the record that Plaintiff was requesting the dismissal of Defendant Knight from this action, and Plaintiff confirmed that he is. Thus, the undersigned recommends that the District Judge dismiss Defendant Knight from this action without prejudice. Signed by Magistrate Judge Kellie M. Barr. (Copy mailed to Plaintiff) (AKW)
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Filing 18
WAIVER OF SERVICE Returned Executed, filed by WENDY KNIGHT. WENDY KNIGHT waiver sent on 11/15/2023. (Freije, Jonathan)
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Filing 17
NOTICE of Appearance by Katherine A Meltzer on behalf of Defendant WENDY KNIGHT. (Meltzer, Katherine)
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Filing 16
NOTICE of Appearance by Jonathan Freije on behalf of Defendant WENDY KNIGHT. (Freije, Jonathan)
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Filing 15
NOTICE of Appearance by Alexis Jenkins on behalf of Defendants TINA COLLINS, DAVID GOBBER, JOHN HEFLIN, KATE WILKS. (Jenkins, Alexis)
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Filing 14
NOTICE of Appearance by Robert C. Brandt on behalf of Defendants TINA COLLINS, DAVID GOBBER, JOHN HEFLIN, KATE WILKS. (Brandt, Robert)
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Filing 13
ORDER to Make Inmate Available - via Telephone. Warden of Pendleton Correctional Industrial Facility ordered to make Ronald L. Rose (213041) Available - via Telephone for court proceeding on 11/21/2023 at 9:00 a.m.(Eastern). Copy to plaintiff via US Mail. Signed by Magistrate Judge Kellie M. Barr on 11/16/2023.(KAA)
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Filing 12
ORDER SETTING TELEPHONIC STATUS CONFERENCE - This case is set for a Telephonic Status Conference on 11/21/2023 at 9:00 AM (Eastern Time) before Magistrate Judge Kellie M. Barr to discuss the Plaintiff's Motion for Preliminary Injunction, Dkt. #8 . The Clerk is directed to send a copy of this Order to Robert Bugher, who is counsel with the Indiana Department of Correction, and to Jeb Crandall with Bleeke Dillon Crandall, P.C., such that counsel to appear at the conference can be arranged. The Clerk is further directed to send a copy of this Order to staff at the Pendleton Correctional Industrial Facility to arrange for Mr. Rose's appearance for the conference. Participants shall call 877-402-9753, access code 4693226 to participate in the conference. Copy to plaintiff via US Mail. Signed by Magistrate Judge Kellie M. Barr on 11/16/2023.(KAA)
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Filing 11
Documents to be Sent via Electronic Notice - re #10 NOTICE of Lawsuit & Waiver Issued by Clerk, #1 Complaint, #9 Entry Electronic Notice to IDOC and Centurion. (JRB)
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Filing 10
NOTICE of Lawsuit & Waiver Issued by Clerk as to 1) John Heflin; 2) Kate Wilks; 3) Tina Collins; 4) David Gobber 5) Wendy Knight. (JRB)
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Filing 9
Order Screening Complaint and Directing Further Proceedings - If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through December 13, 2023, in which to identify those claims. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to the defendants 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 the Indiana Department of Correction and Centurion employees electronically. Mr. Rose has filed a motion for an emergency injunction. The Magistrate Judge is requested to hold a status conference with all parties as soon as possible to discuss the motion with the defendants. SEE ORDER. Copy sent to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 11/15/2023.(JRB)
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Filing 8
EMERGENCY MOTION for Preliminary Injunction, filed by Plaintiff RONALD L. ROSE. (Attachments: #1 Cover Letter, #2 Envelope) (LF)
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Filing 7
RECEIPT #7786 for Filing fee in the amount of $402.00, paid by Susan Roysden on behalf of RONALD ROSE. (CCG)
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Filing 6
NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through November 21, 2023, in which to correct the deficiencies as follows: You must either pay the 402.00 filing fee for this action or demonstrate that you lack the financial ability to do so by filing a motion for leave to proceed without the prepayment of the filing fee (in forma pauperis). A form motion for leave to proceed without the prepayment of the filing fee is being provided for your use. NOTE TO PRISONER - If you seek leave to proceed without prepaying the filing fee, and you are a prisoner, your motion must be accompanied by a copy of the transactions associated with your institution trust account for the 6-month period preceding the filing of this action. Copies to plaintiff by U.S. Mail. (Attachments: #1 Form Motion for IFP) (MEH)
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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 to plaintiff by U.S. Mail. (MEH)
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Filing 4
Notice to File Rule 7.1 Disclosure Statement. (RAGS) (AAS)
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Filing 3
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAS)
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Filing 2
Order Screening Complaint, Directing Opening of a New Civil Action, and Directing Service on the Defendants - Pursuant to Federal Rule of Civil Procedure 21, the clerk is directed to open a new civil action consistent with the following:1) The Plaintiff will be Ronald L. Rose.2) The defendants will be John Heflin, Kate Wilks, David Gobber, Tina Collins, and Wendy Knight.3) The Nature of Suit will be 555. 4) The Cause of Action will be 42:1983pr.5) The clerk is directed to docket the complaint (dkt. #1 ), and this order in the newly opened action.6) The assignment of judicial officers will be by random draw.The clerk is directed to terminate John Heflin, Kate Wilks, David Gobber, and Tina Collins as defendants on the docket in this case. SEE ORDER. Signed by Judge James R. Sweeney II on 10/10/2023.(AAS)
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Filing 1
COMPLAINT against TINA COLLINS, DAVID GOBBER, JOHN HEFLIN, WENDY KNIGHT, KATE WILKS, filed by RONALD L. ROSE. (No fee paid with this filing) (Attachments: #1 Exhibit, #2 Cover Letter, #3 Envelope)(AAS)
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