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15-1529 - KELLY v. TALBIT, M.D. et al


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15-1529 - KELLY v. TALBIT, M.D. et al
October 2, 2015
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ENTRY Granting Motion to Proceed in forma pauperis, Discussing Complaint, and Directing Further Proceedings. The plaintiff's request to proceed in forma pauperis [dkt 3] is granted. The assessment of an initial partial filing fee is not feasible at this time. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants Talbit and Kiani in the manner specified by Rule 4(d). Process shall consist of the amended complaint, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. Copies mailed to defendants. Signed by Judge Tanya Walton Pratt on 10/2/2015. (JLS)
November 16, 2015
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ENTRY - The plaintiff's supplemental complaint [dkt 13] is rejected as improperly filed. The plaintiff's motion for an order directing the clerk to issue process against Bryan Buller [dkt 12] is denied. (See order). Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 11/16/2015. (JLS)
December 31, 2015
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Entry Discussing Amended Complaint and Directing Further Proceedings - The motion to amend the complaint [dkt 21] is granted. The clerk shall docket the proposed amended complaint (dkt 21-1) as the Amended Complaint. The plaintiff's request for service by the United States Marshal [dkt 19] is denied for the present. The clerk is designated pursuant to Fed. R. Civ. P. 4(c) (3) to issue process to defendants Dr. Mike Person in the manner specified by Rule 4(d). Process shall consist of the amended complaint, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. (See order). Copy to Dr. Person via U.S. Mail. Signed by Judge Tanya Walton Pratt on 12/31/2015. (JLS)
April 29, 2016
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Entry Granting Motion to Amend and Discussing Second Amended Complaint - The motion to amend the complaint [dkt 30] is granted. The clerk shall docket the proposed amended complaint (dkt 30-1) as the Second Amended Complaint. Defendants Talbit, Person, and Kiani have already appeared and filed an answer. They shall have fourteen days from the date this Entry issues in which to file an answer to the amended complaint. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants Dr. Rafiq, Nurse Butler, and Nurse Practitioner Brubaker in the manner specified by Rule 4(d). Process shall consist of the amended complaint, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. (See Order). Copies to Parties via U.S. Mail. Signed by Judge Tanya Walton Pratt on 04/29/2016. (JLS)
January 23, 2017
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ENTRY Regarding Request for Pre-Authorization to Incur Expenses and Directing Further Proceedings - Consistent with this representation, counsel has filed an ex parte motion for pre-authorization to incur expenses to retain an expert to testify regarding the neurological and orthopedic standard of care for these conditions. Because there is nothing necessarily private about this motion, the clerk shall remove the ex parte restriction from this filing. As explained below, the motion is denied. Instead of authorizing payment for an expert to testify on Mr. Kelly's behalf, the Court proposes the appointment of a neutral expert consistent with Rule 706 of the Federal Rules of Civil Procedure. Because the Court is acting on its own motion in proposing a Rule 706 expert, the parties shall have through February 3, 2017, in which to either object to or agree to the proposed procedure for the appointment of an expert or offer revisions to the procedure. (See Entry.) Copy sent to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 1/23/2017.(JLS)
February 27, 2017
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Entry Overruling Objection to the Appointment of a Neutral Expert - For the following reasons, the defendants' objection to the appointment of a neutral expert in this case (Dkt. 58), as outlined in the Entry of January 23, 2017, is overruled. The Court will issue the procedure for the appointment of a neutral expert through a separate order. (See Entry.) Signed by Judge Tanya Walton Pratt on 2/27/2017.(JLS)
October 11, 2017
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ENTRY denying 84 Motion for Reconsideration. Mr. Kelly should not file a motion for assistance with recruiting counsel in future litigation in this Court. If he does so, he must reference this order and identify special circumstances that warrant the recruitment of counsel to represent him despite the instructions in this order. See order for details. Signed by Judge Tanya Walton Pratt on 10/11/2017. (Copy mailed to Plaintiff) (MEJ) Modified on 10/12/2017 to clarify distribution (MEJ).
October 13, 2017
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ENTRY CONCERNING SELECTED MATTERS - Kelly's objection, dkt. 80, is overruled and his Motion to Compel Discovery dkt. 85, is denied. Signed by Judge Tanya Walton Pratt on 10/13/2017. (Copy mailed to Plaintiff) (MEJ)
July 9, 2018
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efendants failed to exercise medical judgment or responded inappropriately to Mr. Kelly's ailments. For the foregoing reasons, the Defendants' Motion for Summary Judgment, Dkt. 94, is GRANTED. Mr. Kelly's Motion to Clarify, Dkt. [d on 7/10/2018 - Copy to Plaintiff via US Mail (NAD).ENTRY GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT - The Court does not doubt and that record is clear, that Mr. Kelly suffers from conditions which unfortunately cause him chronic pain. However, there is no evidence suggesting that the D108], is GRANTED to the extent that the Motion to Clarify was considered in ruling on the Motion for Summary Judgment. Judgment consistent with this Entry shall now issue. (See Entry.) Signed by Judge Tanya Walton Pratt on 7/9/2018. (NAD) Modifie