NICHOLS v. WATSON et al
Plaintiff: DONALD NICHOLS
Defendant: USP-TERRE HAUTE/HEALTH SERVICES DIVISION AND UNKNOWN STAFF (DOCTORS) AND (PHYSICIANS ASSISTANTS), A. SPRINGER, J. DODGE, KRUGER, JOHN AND JANE DOES, SHOEMAKER, JOHN O'BRIEN, UNDERWOOD, J. WATSON, FEDERAL BUREAU OF PRISONS, USP-TERRE HAUTE FOOD SERVICE AND UNKNOWN JOHN AND JANE DOES OF STATED: and H. HURWITZ
Case Number: 2:2019cv00183
Filed: April 18, 2019
Court: US District Court for the Southern District of Indiana
Presiding Judge: James Patrick Hanlon
Referring Judge: Doris L Pryor
Nature of Suit: Prisoner Petitions - Prison Condition
Cause of Action: 28:1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 27, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 27, 2019 Filing 28 RETURN of USM Service c/o Office of the US Attorney served on 6/26/19. (DMW)
June 27, 2019 Filing 27 RETURN of USM Service JOHN O'BRIEN served on 6/24/2019. (DMW)
June 21, 2019 Opinion or Order Filing 26 Order on Pending Motions - The plaintiff's motion to show cause as to why the administrative remedy process could not be utilized, dkt. #8 , is denied at this time. The plaintiff's May 14, 2019, motion to clarify and articulate the existence of a threat towards plaintiff, dkt. #9 , is denied. (See Order.) Copy to Plaintiff via US Mail. Signed by Judge James Patrick Hanlon on 6/21/2019. (DMW)
June 21, 2019 Filing 25 Documents for service by USM - re #22 Amended Complaint, #23 Entry, #24 Summons Issued. Electronic notice to USM-C.(DMW)
June 21, 2019 Filing 24 Summons Issued as to JOHN O'BRIEN, SHOEMAKER, UNDERWOOD, J. WATSON. (Attachments: #1 USM 285 Form US Attorney General, #2 USM 285 Form Office of the US Attorney, #3 USM 285 Form Shoemaker, #4 USM 285 Form Watson, #5 USM 285 Form Underwood, #6 USM 285 Form O'Brien)(DMW)
June 20, 2019 Opinion or Order Filing 23 Entry Screening Amended Complaint, Dismissing Insufficient Claims, Severing Misjoined Claim, and Directing Service - Mr. Nichols's Eighth Amendment deliberate indifference claim against Mrs. Vigil is severed from the original complaint and will proceed in a new action. The clerk is directed, pursuant to Fed. R. Civ. P. 4(c), to issue process to (1) Warden Watson; (2) Chief Designator John O'Brien; (3) Case Manager Coordinator Shoemaker; and (4) Associate Warden Underwood. Process shall consist of a summons. The Marshal for this District or his Deputy shall serve the summons, together with a copy of the first amended complaint (dkt. #22 ) and a copy of this Entry, on the defendants and on the officials designated pursuant to Fed. R. Civ. P. 4(i) (2), at the expense of the United States. Mr. Nichols has filed multiple motions for temporary restraining order and preliminary injunction. See dkts. #13 , #19 . The defendants shall file a response to the plaintiff's motions when they file an answer. If Mr. Nichols believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through July 29, 2019, in which to identify those claims. The clerk is directed to terminate from the docket all defendants except Warden J. Watson, Chief Designator John O'Brien, Case Manager Coordinator Shoemaker, and Associate Warden Underwood. (See Entry.) Copy to Plaintiff via US Mail. Signed by Judge James Patrick Hanlon on 6/20/2019. (DMW)
June 13, 2019 Filing 22 AMENDED COMPLAINT against All Defendants, filed by DONALD NICHOLS. (Attachments: #1 Envelope)(DMW)
June 13, 2019 Filing 21 Entry Granting Motion for Extension of Time and Denying Motion for Appointment of Counsel - The plaintiff's motion for an extension of time to file an amended complaint, dkt. #15 , is granted. The plaintiff shall have through July 29, 2019, to file an amended complaint. The plaintiff's motion for appointment of counsel, dkt. #16 , is denied as premature. (See Entry.) Copy to Plaintiff via U.S. Mail. Signed by Judge James Patrick Hanlon on 6/13/2019. (DMW)
June 11, 2019 Filing 20 Supplement re #19 Emergency Letter/ MOTION, filed by Plaintiff DONALD NICHOLS, and Non-Parties, Sidney Griffin and Mikeal Stine. (Attachments: #1 Envelope)(DMW)
June 11, 2019 Filing 19 Emergency Letter/ MOTION, filed by Plaintiff DONALD NICHOLS, and Non-Parties, Sidney Griffin and Mikeal Stine. (Attachments: #1 Exhibit 1, #2 Envelope)(DMW)
June 11, 2019 Filing 18 Submission of Notification to the Court, filed by Plaintiff DONALD NICHOLS. (Attachments: #1 Envelope)(DMW)
June 11, 2019 Opinion or Order Filing 17 Entry Addressing Correspondence from Non-Party - On June 7, 2019, the Court received a letter from Mikeal Stine, and it was docketed as a motion for temporary restraining order. Dkt. #14 . Mr. Stine is not a party to this action and cannot represent others in district court. Consequently, the motion shall not be considered, and the clerk is directed to terminate the motion flag at docket #14 . Copy to Plaintiff via U.S. Mail. Signed by Judge James Patrick Hanlon on 6/11/2019. (DMW)
June 10, 2019 Filing 16 MOTION for Appointment of Counsel, filed by Plaintiff DONALD NICHOLS. (Attachments: #1 Cover Letter, #2 Envelope)(DMW)
June 10, 2019 Filing 15 MOTION for Extension of Time to File an Amended Complaint, filed by Plaintiff DONALD NICHOLS. (Attachments: #1 Cover Letter, #2 Envelope)(DMW)
June 7, 2019 Filing 14 MOTION for Temporary Restraining Order, filed by Non-Party, Mikeal Glenn Stine. (Attachments: #1 Envelope)(DMW)
May 31, 2019 Filing 13 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, filed by Plaintiff DONALD NICHOLS. Docketed per #12 Entry. (DMW)
May 31, 2019 Opinion or Order Filing 12 Entry Directing Further Proceedings - The plaintiff shall have through June 28, 2019, in which to file an amended complaint identifying the defendants, facts, and legal bases for his cause of action. The clerk is directed to docket that motion for temporary restraining order and preliminary injunction, case no. 2:19-cv-00121-JPH-MJD, dkt. 2, in this case. The clerk is further directed to provide a courtesy copy of (1) the newly re-docketed motion for temporary restraining order and preliminary injunction, (2) the motion to clarify and to articulate the existence of a threat towards plaintiff, dkt. #9 , and (3) the supplement to pending emergency motion for temporary restraining order, dkt. #11 , to the Unites States Attorney's Office for the Southern District of Indiana and to counsel at the United States Penitentiary--Terre Haute. (See Entry.) Copies via U.S. Mail pursuant to distribution list. Signed by Judge James Patrick Hanlon on 5/31/2019. (DMW)
May 23, 2019 Filing 11 Submission of Supplement to Temporary Restraining Order, filed by Plaintiff DONALD NICHOLS. (Attachments: #1 Envelope)(DMW)
May 20, 2019 Filing 10 RECEIPT #IP065144 for partial filing fee in the amount of $101.11, paid by Mary Nichols on behalf of Plaintiff. (DJH)
May 14, 2019 Filing 9 MOTION to Clarify and Articulate the Existence of a Threat Towards Plaintiff, filed by Plaintiff DONALD NICHOLS. (Attachments: #1 Envelope)(DMW)
May 14, 2019 Filing 8 MOTION to Show Cause as to Why the Administrative Remedies Could Not be Exhausted, filed by Plaintiff DONALD NICHOLS. (Attachments: #1 Envelope)(DMW)
May 14, 2019 Filing 7 CONSENT to Jurisdiction to US Magistrate Judge by DONALD NICHOLS. (Attachments: #1 Envelope)(DMW)
May 10, 2019 Filing 6 CONSENT to Jurisdiction to US Magistrate Judge by DONALD NICHOLS. (Attachments: #1 Envelope)(MAT)
April 22, 2019 Opinion or Order Filing 5 ORDER ON MOTION TO PROCEED IN FORMA PAUPERIS - The plaintiff's motion to proceed in forma pauperis, dkt. #3 , is GRANTED to the extent that the plaintiff is assessed an initial partial filing fee of One Hundred and One Dollars and Eleven Cents ($101.11). The plaintiff shall have through May 20, 2019, in which to pay this sum to the clerk of the district court. (See Order.) Copy to Plaintiff via U.S. Mail. Signed by Judge James Patrick Hanlon on 4/22/2019. (DMW)
April 18, 2019 Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DMW)
April 18, 2019 Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff DONALD NICHOLS. (Attachments: #1 Exhibit Inmate Inquiry, #2 Envelope)(DMW)
April 18, 2019 Filing 2 COMPLAINT against J. DODGE, FEDERAL BUREAU OF PRISONS, H. HURWITZ, JOHN AND JANE DOES, KRUGER, JOHN O'BRIEN, SHOEMAKER, A. SPRINGER, UNDERWOOD, USP-TERRE HAUTE FOOD SERVICE AND UNKNOWN JOHN AND JANE DOES OF STATED:, USP-TERRE HAUTE/HEALTH SERVICES DIVISION AND UNKNOWN STAFF (DOCTORS) AND (PHYSICIANS ASSISTANTS), J. WATSON, filed by DONALD NICHOLS. (No fee paid with this filing) (Attachments: #1 Envelope)(DMW)
April 18, 2019 Filing 1 Entry Severing Misjoined Plaintiffs into Separate Actions - The claims brought by Donald Nichols and Sidney Griffin are severed from the original complaint. After severance, the motions for leave to proceed in forma pauperis shall be resolved and the complaint shall be screened. To effectuate this ruling two new civil actions from the Terre Haute Division shall be opened, consistent with the following: Donald Nichols shall be the plaintiff in the first of the newly opened actions. The complaint in this action shall be filed and re- docketed as the complaint in the newly opened actions. A copy of this Entry shall be docketed in the newly opened actions. This action and the newly-opened actions shall be shown as linked actions. The defendants in the newly opened actions shall be the same as in this action. The motion for leave to proceed in forma pauperis filed by Donald Nichols shall be docketed in the first opened action in which he is the named plaintiff. (See Entry.) Copy to Plaintiff via U.S. Mail. Signed by Judge James Patrick Hanlon on 4/18/2019. (DMW)

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Defendant: USP-TERRE HAUTE/HEALTH SERVICES DIVISION AND UNKNOWN STAFF (DOCTORS) AND (PHYSICIANS ASSISTANTS)
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Defendant: A. SPRINGER
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Defendant: J. DODGE
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Defendant: KRUGER
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Defendant: JOHN AND JANE DOES
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Defendant: SHOEMAKER
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Defendant: JOHN O'BRIEN
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Defendant: UNDERWOOD
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Defendant: J. WATSON
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Defendant: FEDERAL BUREAU OF PRISONS
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Defendant: USP-TERRE HAUTE FOOD SERVICE AND UNKNOWN JOHN AND JANE DOES OF STATED:
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Defendant: H. HURWITZ
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Plaintiff: DONALD NICHOLS
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