POINDEXTER v. CUTLIFF et al
| JWAUN L. POINDEXTER |
| JAMES FREEMAN, SAMUEL BYRD, JOHN DOE, WEXFORD HEALTH SOURCES INC, KEVIN GILMORE, DANIEL LOVEALL, FRANK LITTLEJOHN, CYNTHIA YORK, AUSTIN FRYE, SCOTT FISCHER, JANE DOE, LAUREN MILLER, AMBER CUTLIFF, AMY WRIGHT, CALLIN BERG, KEVIN HUNTER, CARL KUENZLI, STEVEN LANTRIP, CHELSEY PEARSON, RICHARD BROWN, DELORES AXE, KIMBERLY HOBSON, SETH VANSCHOYCK and COLLIN BERG |
| 2:2019cv00080 |
| February 13, 2019 |
| US District Court for the Southern District of Indiana |
| Jane Magnus-Stinson |
| Doris L Pryor |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 8, 2019. A more recent docket listing may be available from PACER.
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| Filing 31 WAIVER OF SERVICE Returned Executed - AUSTIN FRYE waiver sent on 3/27/2019. (DMW) |
| Filing 29 WAIVER OF SERVICE Returned Executed, filed by SETH VANSCHOYCK. SETH VANSCHOYCK waiver sent on 3/5/2019. (Guillory, Ryan) |
| Filing 28 WAIVER OF SERVICE Returned Executed, filed by DANIEL LOVEALL. DANIEL LOVEALL waiver sent on 3/5/2019. (Guillory, Ryan) |
| Filing 27 WAIVER OF SERVICE Returned Executed, filed by JAMES FREEMAN. JAMES FREEMAN waiver sent on 3/5/2019. (Guillory, Ryan) |
| Filing 26 WAIVER OF SERVICE Returned Executed, filed by AMBER CUTLIFF. AMBER CUTLIFF waiver sent on 3/5/2019. (Guillory, Ryan) |
| Filing 25 WAIVER OF SERVICE Returned Executed, filed by COLLIN BERG. COLLIN BERG waiver sent on 3/5/2019. (Guillory, Ryan) |
| Filing 24 NOTICE of Appearance by Ryan J. Guillory on behalf of Defendants COLLIN BERG, AMBER CUTLIFF, JAMES FREEMAN, DANIEL LOVEALL, SETH VANSCHOYCK. (Guillory, Ryan) |
| Filing 23 WAIVER OF SERVICE Returned Executed, filed by CARL KUENZLI. CARL KUENZLI waiver sent on 3/5/2019. (Bitner, Douglass) |
| Filing 22 WAIVER OF SERVICE Returned Executed, filed by AMY WRIGHT. AMY WRIGHT waiver sent on 3/5/2019. (Bitner, Douglass) |
| Filing 21 NOTICE of Lawsuit & Waiver Issued by Clerk to: Austin Frye (DMW) |
Filing 20
Order Directing Re-Issuance and Service of Process - The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to re-issue process to defendant Austin Frye in the manner specified by Rule 4(d). Process shall consist of the complaint (docket #2 ), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), the Screening Order of March 5, 2019 (docket #7 ), and this Order. Signed by Judge Jane Magnus-Stinson on 3/27/2019. (DMW)
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| Filing 18 ENTRY Documenting Non-Party Communication - The Court has been notified by counsel for the Indiana Department of Correction that the clerk's attempts to serve Austin Frye at Wabash Valley Correctional Facility have been unsuccessful. In receiving this information informally, the Court has agreed not to disclose defendant Austin Frye'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 email correspondence 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. See Entry for details. Signed by Judge Jane Magnus-Stinson on 3/26/2019.(LBT) |
| Filing 17 WAIVER OF SERVICE Returned Executed, filed by CYNTHIA YORK. CYNTHIA YORK waiver sent on 3/5/2019. (Bitner, Douglass) |
| Filing 16 WAIVER OF SERVICE Returned Executed, filed by WEXFORD HEALTH SOURCES INC. WEXFORD HEALTH SOURCES INC waiver sent on 3/5/2019. (Bitner, Douglass) |
| Filing 15 WAIVER OF SERVICE Returned Executed, filed by CHELSEY PEARSON. CHELSEY PEARSON waiver sent on 3/5/2019. (Bitner, Douglass) |
| Filing 14 WAIVER OF SERVICE Returned Executed, filed by SAMUEL BYRD. SAMUEL BYRD waiver sent on 3/5/2019. (Bitner, Douglass) |
| Filing 13 NOTICE of Lawsuit & Waiver Issued by Clerk to: Wexford Health (DMW) |
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Filing 12
Order Granting Motion for Court to Assist with Service and Directing Service of Process - Jwaun L. Poindexter's motion for Court to assist with service, dkt. #11 , is granted to the extent the Court will attempt to re-serve defendant Wexford Health. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants Wexford Health in the manner specified by Fed. R. Civ. P. 4(d). Process shall consist of the complaint (docket #2 ), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), the Screening Order of March 5, 2019 (docket #7 ), and this Order. Copy via U.S. Mail pursuant to distribution list. Signed by Judge Jane Magnus-Stinson on 3/21/2019. (DMW)
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| Filing 11 MOTION for Court to Assist with Service, filed by Plaintiff JWAUN L. POINDEXTER. (Attachments: #1 Attachment)(MAT) |
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Filing 10
ORDER - NOTICE TO PRO SE LITIGANTS : The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. Pro se litigants should read this Notice carefully before filing anything further with the Court. All litigants are expected to comply with the Federal Rules of Civil Procedure and this Court's Local Rules. Therefore, the rules and procedures contained in this Notice are not all of the rules pro se litigants must follow. *SEE ORDER FOR ADDITIONAL INFORMATION*. Signed by Judge Jane Magnus-Stinson on 3/5/2019. (DMW)
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| Filing 9 Documents for Service by IDOC - re #2 Complaint, #8 NOTICE of Lawsuit & Waiver Issued by Clerk, #7 Order. (DMW) |
| Filing 8 NOTICE of Lawsuit & Waiver Issued by Clerk to: 1) Wexford Health, 2) Dr. Samuel Byrd, 3) Chelsey Pearson, 4) Nurse Delores Axe, 5) Nurse Lauren Miller, 6) HSA Kimberly Hobson, 7) Nurse Amy Wright, 8) Nurse Cynthia York, 9) Officer James Freeman, 10) Counselor Amber Cutliff, 11) Officer Daniel Loveall, 12) Officer Collin Berg, 13) Officer Seth Vansehoyck, 14) Officer Austin Frye; and 15) Dr. Carl Kuenzli (DMW) |
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Filing 7
Order Granting Motion to Correct Clerical Error, Screening Complaint, Directing Severance of Claims, and Directing Service of Process - Plaintiff Jwaun Poindexter's motion to correct clerical error, dkt. #5 , is granted to the extent the Court notes the minor typographical correction to paragraph 151 of his Complaint. If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court he shall have through March 29, 2019, in which to identify those claims. The clerk is directed to open a new civil action from the Terre Haute Division consistent with Section III. The clerk is directed to terminate defendants Warden Brown, Littlejohn, Gilmore, Hunter, Fischer, Lantrip, and John/Jane Doe's on the docket. (See Order.) Copies via U.S. Mail pursuant to distribution list. Signed by Judge Jane Magnus-Stinson on 3/5/2019. (DMW)
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Filing 6
Order on In Forma Pauperis Status - The plaintiff's motion to proceed in forma pauperis, dkt. #3 , is granted. No initial partial filing fee is due at this time. (See Order.) Signed by Judge Jane Magnus-Stinson on 3/1/2019. (DMW)
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| Filing 5 MOTION to Correct Clerical Error re #2 Complaint, filed by Plaintiff JWAUN L. POINDEXTER. (DMW) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (HET) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff JWAUN L. POINDEXTER. (Attachments: #1 Exhibit Certificate and Transaction History Inquiry)(HET) |
| Filing 2 COMPLAINT against DELORES AXE, CALLIN BERG, RICHARD BROWN, SAMUEL BYRD, AMBER CUTLIFF, JANE DOE, JOHN DOE(correctional officer), JOHN DOE(correctional sergeant ), SCOTT FISCHER, JAMES FREEMAN, AUSTIN FRYE, KEVIN GILMORE, KIMBERLY HOBSON, KEVIN HUNTER, CARL KUENZLI, STEVEN LANTRIP, FRANK LITTLEJOHN, DANIEL LOVEALL, LAUREN MILLER, CHELSEY PEARSON, SETH VANSCHOYCK, WEXFORD HEALTH SOURCES INC., AMY WRIGHT, CYNTHIA YORK, filed by JWAUN L. POINDEXTER. (No fee paid with this filing) (Attachments: #1 Exhibit DOC documents)(HET) |
| Filing 1 CONSENT to Prisoner E-Service by JWAUN L. POINDEXTER located at WVCF. Pursuant to General Order 2013-1, documents submitted by JWAUN L. POINDEXTER 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. (HET) |
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