PEREZ v. BYRD et al
| JEFFREY D. PEREZ |
| THOMAS WELLINGTON, WEXFORD OF INDIANA, LLC., SAMUAL J. BYRD, MICHAEL MITCHEFF, AMY WRIGHT, KIM ROBSON, FRANK VANIHEL and KIM HOBSON |
| 2:2020cv00595 |
| November 10, 2020 |
| US District Court for the Southern District of Indiana |
| Jane Magnus-Stinson |
| Doris L Pryor |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 12 Documents to be Sent via Electronic Notice - re #2 Complaint, #10 Order, #11 NOTICE of Lawsuit & Waiver Issued by Clerk Electronic Notice to IDOC and Wexford. (RSF) |
| Filing 11 NOTICE of Lawsuit & Waiver Issued by Clerk issued upon 1) Samual J. Byrd; 2) Wexford of Indiana, LLC; 3) Kim Hobson; 4) Amy Wright; 5) Thomas Wellington; 6) Michael Mitcheff; and 7) Frank Vanihel. (RSF) |
Filing 10
ORDER SCREENING COMPLAINT AND GRANTING MOTION FOR ASSISTANCE WITH SERVICE OF PROCESS - Indiana Department of Correction (IDOC) inmate Jeffrey D. Perez commenced this 42 U.S.C. 1983 action on November 10, 2020 and paid an initial partial filing fee on December 7, 2020. Dkt. 9 . The Court now screens the complaint and makes the following rulings. The plaintiff's Eighth Amendment deliberate indifference claims against the defendants shall proceed as pleaded in the complaint. This includes a policy claim against Wexford of Indiana, LLC. The plaintiff's motion for assistance with service, dkt. #4 , is granted to the extent that the clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to the defendants in the manner specified by Fed. R. Civ. P. 4(d). The clerk is directed to serve Wexford of Indiana, LLC, and Indiana Department of Correction employees Thomas Wellington and Frank Vanihel electronically. (See Order.) Copies distributed pursuant to distribution list. Signed by Judge Jane Magnus-Stinson on 12/21/2020.(RSF)
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| Filing 9 RECEIPT #IP071742 for initial partial filing fee in the amount of $6.43, paid by Plaintiff. (REO) |
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Filing 8
ORDER granting #3 Motion for Leave to Proceed in forma pauperis to the extent that the plaintiff is assessed an initial partial filing fee of Six Dollars and Forty-Three Cents ($6.43). The plaintiff shall have through December 21, 2020, in which to pay this sum to the clerk of the district court. After the initial partial filing fee is received, a collection order will be issued to the plaintiff and the plaintiff's custodian, and the Court will screen the complaint. Signed by Judge Jane Magnus-Stinson on 11/24/2020. (KAA)
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| Filing 7 CONSENT to Jurisdiction to US Magistrate Judge by JEFFREY D. PEREZ. (JRB) |
| Filing 6 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. (TMC) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) |
| Filing 4 MOTION to Request Assistance with Service of Summons, filed by Plaintiff JEFFREY D. PEREZ. (AKH) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff JEFFREY D. PEREZ. (AKH) (Additional attachment(s) added on 11/10/2020: #1 Exhibit Certified Counselors Statement of Inmate Trust Fund Account) (AKH). |
| Filing 2 COMPLAINT against SAMUAL J. BYRD, MICHAEL MITCHEFF, KIM ROBSON, FRANK VANIHEL, THOMAS WELLINGTON, WEXFORD OF INDIANA, LLC., AMY WRIGHT, filed by JEFFREY D. PEREZ. (No fee paid with this filing) (AKH) |
| Filing 1 CONSENT to Prisoner E-Service by JEFFREY D. PEREZ located at WVCF. Pursuant to General Order 2013-1, documents submitted by JEFFREY D. PEREZ 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. (AKH) |
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