Parkhurst v. Centurion Medical Services et al
| David A. Parkhurst |
| Centurion Medical Services, Sarah Finley and John & Jane Does |
| 2:2023cv04191 |
| September 27, 2023 |
| US District Court for the Western District of Missouri |
| Stephen R Bough |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.
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| Filing 24 PLAINTIFF'S STATEMENT and EXHIBITS filed by David A. Parkhurst.(Willis, Kathy) |
Filing 23
ORDERED that: (1) the agency having custody of Plaintiff shall forward to the Clerk of the Court monthly payments of 20 percent of the preceding month's income credited to Plaintiff's account each time the amount in the account exceeds $10.00 until the balance of the $350.00 filing fee is paid ($288.05); (2) Defendants John & Jane Does are severed and dismissed from this case without prejudice for the reasons set forth herein; (3) the Clerk of the Court shall provide the parties with Mediation Request Forms; (4) Centurion shall notify the Court, in writing, within thirty days from the date of this Order, for which Defendants they will and will not waive service of process. If service is not waived, Centurion shall advise the Court as to whether Defendant Finley is a current or former employee of Centurion, and if so, shall provide the Court with Defendant Finley's last known addresses, in camera, for the purpose of service of process; and (5) Defendants shall answer or otherwise respond, pursuant to Fed. R. Civ. P. 4 and 12, within sixty days from the date of this Order if service of process is waived, or within twenty-one days after service of process if service of process is not waived. Signed on 10/31/2023 by District Judge Stephen R. Bough. (Willis, Kathy)
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Filing 21
ORDER that; (1) Petitioner's "formal petition for sopenas [sic] & collection of [evidence]" (Doc. #19 ) is denied without prejudice. Insofar as Plaintiff requests discovery form Defendants, Local Rule 26.3(a) provides that discovery documents and requests shall not be filed with the Court but instead should be sent to opposing counsel. Rather than file the discovery request with the Court, pursuant to Local Rule 26.3(b), "[a] party must file a certificate of service when it serves any discovery document." Moreover, Plaintiff's request for discovery is premature, as Defendants have not yet been ordered to respond to Plaintiff's complaint, and this Court has not yet issued its Pretrial Scheduling Order. Plaintiff's request for this Court to have a subpoena served on a third-party on his behalf is similarly premature. If Plaintiff later requests service of a subpoena on his behalf, he must return a completed subpoena form to the Court with a pleading making that request. In the pleading, Plaintiff must explain the relevance of the information he seeks and why he believes the person or entity to be subpoenaed possesses the requested documents or information. See generally Grace v. Hakala, No. 1:11CV81LMB, 2012 WL 2190902, at *4-*6 (E.D. Mo. June 14, 2012) ("This information is required based on the Court's 'discretionary power to refuse to subpoena witnesses and to prevent abuse of its process in both civil and criminal proceeding.'" quoting Manning v. Lockhart, 623 F.2d 536, 539 (8th Cir. 1980))). Plaintiff must also show that he cannot obtain the information he seeks through the normal course of discovery pursuant to the Federal Rules of Civil Procedure. The Court further advises Plaintiff that, regardless of whether or not this Court has a subpoena served on his behalf, he must pay for any costs required to obtain the discovery he seeks in his subpoena. See generally U.S. Marshals Service v. Means, 724 F.2d 642, 646 (8th Cir. 1983); (2) Plaintiffs motion "to include... documents that were transferred from the Missouri Eastern District Court" (Doc. #20 ) is denied as moot, as the record in the Eastern District of Missouri has already been transferred to this Court; and (3) the Clerk of the Court shall send Plaintiff a copy of the docket sheet and a subpoena form.Signed on 10/27/2023 by District Judge Stephen R. Bough. (CLERK'S NOTE: A copy of this order, docket sheet, and a subpoena form mailed to Plaintiff as directed.)(Willis, Kathy)
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| Filing 20 PLAINTIFF'S MOTION for order filed by David A. Parkhurst. Suggestions in opposition/response due by 11/9/2023. (Willis, Kathy) |
| Filing 19 PLAINTIFF'S MOTION for discovery filed by David A. Parkhurst. Suggestions in opposition/response due by 11/9/2023. (Willis, Kathy) |
| Filing 18 PLAINTIFF'S EXHIBITS (witness statements) filed by David A. Parkhurst.(Willis, Kathy) |
| Filing 22 ***Remark A partial initial filing fee in the amount of $61.95 and it was paid on this date. (Kern, Kendra) |
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Filing 17
ORDERED that: (1) Plaintiff is granted leave to proceed in forma pauperis;(2) Plaintiff shall pay to the clerk of the court for the Western District of Missouri, an initial partial filing fee of $61.95; and (3) Plaintiff's failure to pay the required initial partial filing fee on or before OCTOBER 20, 2023, will result in the dismissal of this case without further notice. Signed on 10/6/2023 by District Judge Stephen R. Bough. (Willis, Kathy)
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Filing 16
ORDERED that Plaintiff's motion for appointment of counsel (Doc. #13 ) is denied without prejudice. Signed on 10/6/2023 by District Judge Stephen R. Bough. (Willis, Kathy)
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| Filing 15 INMATE ACCOUNT STATEMENT filed by David A. Parkhurst. (Willis, Kathy) |
| Filing 14 PLAINTIFF'S EXHIBIT filed by David A. Parkhurst.(Willis, Kathy) |
| Filing 13 PLAINTIFF'S MOTION for appointment of counsel filed by David A. Parkhurst. Suggestions in opposition/response due by 10/18/2023. (Willis, Kathy) |
| Filing 12 CASE TRANSFERRED IN from District of Missouri Eastern; Case Number 2:23-cv-00034. |
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Filing 11
MEMORANDUM AND ORDER OF TRANSFER - IT IS HEREBY ORDERED that the Court will provisionally GRANT plaintiffs application to proceed in the district court without prepaying fees or costs. [ECF No. #2 ] IT IS FURTHER ORDERED that the Clerk of Court shall TRANSFER this case to the United States District Court for the Western District of Missouri. See 28 U.S.C. 1406(a). ( Case to be transferred after 9/25/2023.) Signed by Magistrate Judge Joseph S. Dueker on 9/11/23. (KJS) [Transferred from moed on 10/3/2023.]
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ORDER RECEIPT: (see receipt) Docket No: 11. Mon Sep 11 09:20:11 CDT 2023 (Shirley, Kelley) [Transferred from moed on 10/3/2023.]
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| Filing 10 SUPPLEMENTAL Exhibits re #1 Complaint, by Plaintiff David A. Parkhurst. (KJS) [Transferred from moed on 10/3/2023.] |
| Filing 9 SUPPLEMENTAL Exhibits re #1 Complaint, by Plaintiff David A. Parkhurst. (KJS) [Transferred from moed on 10/3/2023.] |
| Filing 8 SUPPLEMENTAL re #1 Complaint by Plaintiff David A. Parkhurst. (Attachments: #1 Envelope)(CBL) [Transferred from moed on 10/3/2023.] |
| Filing 7 SUPPLEMENTAL re #1 Complaint- ADDITIONAL EXHIBITS by Plaintiff David A. Parkhurst. (CLH) [Transferred from moed on 10/3/2023.] |
| Filing 6 SUPPLEMENTAL re #1 Complaint - ADDITIONAL EXHIBITS RECEIVED - by Plaintiff David A. Parkhurst. (CBL) [Transferred from moed on 10/3/2023.] |
| Filing 5 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (auto) [Transferred from moed on 10/3/2023.] |
| Filing 4 MOTION to Appoint Counsel by Plaintiff David A. Parkhurst. (JWD) [Transferred from moed on 10/3/2023.] |
| Filing 3 Inmate Account Statement by Plaintiff David A. Parkhurst. (JWD) [Transferred from moed on 10/3/2023.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) by Plaintiff David A. Parkhurst. (Attachments: #1 Affidavit in Support)(JWD) [Transferred from moed on 10/3/2023.] |
| Filing 1 COMPLAINT against defendant David A. Parkhurst, Centurion Medical Services, Sarah Finley, Jury Demand, filed by David A. Parkhurst. (Attachments: #1 Supplement, #2 Exhibit - Grievance Documents, #3 Exhibit - Medical Records, #4 Civil Cover Sheet, #5 Original Filing Form, #6 Envelope)(JWD) [Clerk's note: Attachment #3 sealed pursuant to Local Rule 2.17 because it contains personal identifiers.] [Transferred from moed on 10/3/2023.] |
| ***Complaint Letter Created. This is to advise you that this office has received and filed your complaint and has assigned it the above-referenced case number. (JWD) [Transferred from moed on 10/3/2023.] |
| ***Complaint Letter Processed (see notice of electronic filing for distribution list) Wed Jun 14 14:02:21 CDT 2023 (admin,) [Transferred from moed on 10/3/2023.] |
| Amended Case Opening Notification. Judge Assigned: Honorable Joseph S. Dueker. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. (JWD) [Transferred from moed on 10/3/2023.] |
| Case Opening Notification. Judge Assigned: Honorable Joseph S. Dueker. (JWD) [Transferred from moed on 10/3/2023.] |
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