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17-216 - PERRY v. NOLL


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17-216 - PERRY v. NOLL
January 24, 2017
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ENTRY Dismissing Complaint and Directing Further Proceedings - The request to proceed in forma pauperis [dkt. 2] is granted. Mr. Noll's complaint must be dismissed for the reason set forth above. Nothing in this action prevents Mr. Noll from filing a malpractice action in state court. Mr. Noll shall have through February 23, 2017, in which to show cause why Judgment consistent with this Entry should not issue. (See Entry.) Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 1/24/2017. (Attachments: # (1) Article)(JLS)
March 24, 2017
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ENTRY Screening Amended Complaint and Directing Further Proceedings - Like the original complaint, the amended complaint alleges defendant Dr. Noll violated the plaintiff's Eighth Amendment rights through his constitutionally inadequate provision of dental care. This claim shall proceed as submitted.The amended complaint adds a tort claim against Corizon Health under Indiana Law. The plaintiff alleges that Corizon Health is liable to him for the misconduct of its employee. This claim shall proceed.Nothing in this Entry, however, prohibits the defendants from filing an appropriate motion to dismiss. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendant Corizon Health in the manner specified by Fed. R. Civ. P. 4(d). Process shall consist of the amended complaint (docket 17), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. Copy to Corizon Health via U.S. Mail. Signed by Judge Tanya Walton Pratt on 3/24/2017.(JLS)
August 25, 2017
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Entry Denying Plaintiff's Motions for Assistance Recruiting Counsel - 25 Motion to Appoint Counsel is DENIED. 26 Motion to Show Attempt to Secure Private Counsel is GRANTED to the extent that Mr. Perry's submission reflects that he has made a reasonable attempt to recruit counsel on his own. 34 Motion to Appoint Counsel is DENIED. See Entry for details. Signed by Judge Tanya Walton Pratt on 8/25/2017 (copy mailed to plaintiff). (LBT)
October 6, 2017
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ENTRY - The motion for summary judgment, dkt 27, is summarily denied as moot. The reason for this ruling is that the defendants have not asserted the affirmative defense that the plaintiff failed to exhaust his administrative remedies prior to filing this lawsuit. The plaintiff's motion requesting the right to respond in opposition to the affidavit of Gregg Noll, D.D.S., dkt 37, is granted to the extent that the plaintiff may oppose the defendants' evidence if it is presented in a dispositive motion or at trial consistent with the Federal Rules of Civil Procedure. No ruling on the merits of the plaintiff's claims or the admissibility of the parties' evidence is appropriate or necessary at this point in the litigation. Signed by Judge Tanya Walton Pratt on 10/6/2017. (Copy mailed to plaintiff) (MEJ)
August 6, 2018
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ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DIRECTING ENTRY OF FINAL JUDGMENT - This matter is before the Court on Defendants Gregg Noll's, ("Dr. Noll") and Corizon Health's ("Corizon") (collectively, the "Defendants") Motion for Summary Judgment (Dkt. 54). Plaintiff Rodney S. Perry, Sr. ("Mr. Perry") brought this civil rights action pursuant to 42 U.S.C. ยง 1983 alleging that Dr. Noll violated his Eighth Amendment rights through his constitutionally inadequate provision of dental care and that Corizon is liable under Indiana state law for the misconduct of its employee. For the reasons explained in this Order, the Defendants' Motion for Summary Judgment, Dkt. 54, is granted. Mr. Perry has not identified a genuine issue of material fact as to his claims in this case and the Defendants are entitled to judgment as a matter of law. Therefore, the Defendants' Motion for Summary Judgment, Dkt. 54, is GRANTED. Judgment consistent with this Entry shall now issue. (See Order). Copy to plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 8/6/2018. (APD)