PARKER v. BUREAU OF PRISONS HEALTH SERVICES DIVISION

Justia Dockets & Filings Seventh Circuit Indiana Southern District PARKER v. BUREAU OF PRISONS HEALTH SERVICES DIVISION

PARKER v. BUREAU OF PRISONS HEALTH SERVICES DIVISION

Plaintiff:	TERRY ALTON PARKER
Defendant:	BUREAU OF PRISONS HEALTH SERVICES DIVISION
Case Number:	2:2017cv00256
Filed:	June 2, 2017
Court:	US District Court for the Southern District of Indiana
Office:	Terre Haute Office
Presiding Judge:	Mark J. Dinsmore
Presiding Judge:	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:	None

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Date Filed	Document Text
December 15, 2017	Filing 33 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	Filing 12 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)

Date Filed

Document Text

December 15, 2017

Filing 33 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

Filing 12 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)

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