PARKER v. BUREAU OF PRISONS HEALTH SERVICES DIVISION
||TERRY ALTON PARKER
||BUREAU OF PRISONS HEALTH SERVICES DIVISION
||June 2, 2017
||US District Court for the Southern District of Indiana
||Terre Haute Office
||Mark J. Dinsmore
||Larry J. McKinney
|Nature of Suit:
||Prisoner Petitions - Prison Condition
|Cause of Action:
||28 U.S.C. § 1331 Federal Question: Bivens Act
|Jury Demanded By:
Access additional case information on PACER
Available Case Documents
The following documents for this case are available for you to view or download:
|December 15, 2017
Entry Discussing Motion to Amend, Severing Misjoined Claim, and Directing Further Proceedings - The motion to amend, Dkt. No. 29 , is granted. The clerk shall add defendants McCoy, Roger Cox, Nurse Practitioner Blila, and Dr. Andrew Wilson as d efendants. Because the United States is the only proper defendant in an FTCA case, the United States shall be added as a defendant. Generally, if a district court finds that a plaintiff has misjoined parties, the court should sever those pa rties or claims, allowing those grievances to continue in spin-off actions, rather than dismiss them. Elmore v. Henderson, 227 F.3d 1009, 1012 (7th Cir. 2000). This is the remedy that will be applied to the complaint. Therefore, the claim ag ainst Physical Therapist Matchett is severed from the original complaint and a new civil action from the Terre Haute Division shall be opened. Her motion for summary judgment, Dkt. No. 24 , is denied for the present as moot because of the f iling of the Amended Complaint. The clerk shall issue process to defendants McCoy, Cox, Wilson, Blila, and the United States of America. Process shall consist of a summons. The Marshal for this District or his deputy shall serve the summons, the amended complaint, Dkt. No. 29, the attachments thereto, and a copy of this Entry on the officials entitled to notice pursuant to Rule 4 (i) of the Federal Rules of Civil Procedure. This shall be done at the expense of the United States (SEE ENTRY). Signed by Judge William T. Lawrence on 12/15/2017. Copies distributed pursuant to distribution list. (DW)
|August 22, 2017
ENTRY Discussing Complaint and Directing Further Proceedings - In summary, Parker's claim for deliberate indifference to his serious medical needs in violation of the Eighth Amendment shall proceed against Dr. Trueblood. Dr. Trueblood sha ll be substituted for Bureau of Prisons Health Services Division as the defendant. All other claims are dismissed. The clerk is directed to issue a single summons to Dr. Trueblood, the United States attorney for this district and the Attorney General of the United States at Washington, D.C., pursuant to Fed. R. Civ. P. 4(i)(1). The Marshal for this District or his Deputy shall serve the summons, together with a copy of the complaint and a copy of this Entry, on the defendant at the expense of the United States (SEE ENTRY). Copies distributed pursuant to distribution list. Signed by Judge Larry J. McKinney on 8/22/2017.(DW)
Use the links below to access additional information about this case on the US Court's PACER system.
A subscription to PACER is required.
Access this case on the Indiana Southern District Court's Electronic Court Filings (ECF) System
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?