Martin-Shively v. Westville Corrections Facility et al, No. 3:2019cv00857 - Document 13 (N.D. Ind. 2019)
Court Description: OPINION AND ORDER: The Clerk is DIRECTED to immediately issue a summons addressed to Warden Galipeau and to FAX a copy of this order to Warden Galipeau; the US Marshals Service is DIRECTED to issue and serve process on Warden Galipeau by certified m ail no later than 11/26/2019 with a copy of this order, the court's 7 screening order, and the 4 amended complaint; ORDERS Warden Galipeau to respond to the request for preliminary injunction and file an affidavit or declaration with the cou rt no later than Friday, November 29, 2019 explaining how Samuel L. Martin-Shivelys back pain is being addressed in a manner that satisfies the requirements of the Eighth Amendment. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/22/19. (Copy mailed and faxed as directed in Order)(jld)
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Martin-Shively v. Westville Corrections Facility et al Doc. 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION SAMUEL L. MARTIN-SHIVELY, Plaintiff, v. CAUSE NO. 3:19-CV-857-RLM-MGG WESTVILLE CORRECTIONS FACILITY, et al., Defendants. OPINION AND ORDER On October 22, 2019, Samuel L. Martin-Shively filed a signed1 amended complaint. This court screened the complaint and, because of the urgent nature of Martin-Shively’s claims, ordered Warden Galipeau to file an affidavit or declaration with the court by November 18, 2019, explaining how Martin-Shively’s back pain is being addressed in a manner that satisfies the requirements of the Eighth Amendment. Nonetheless, no appearance has been entered and no response has been filed. For this reason, the court: (1) DIRECTS the Clerk to immediately issue a summons addressed to Warden Galipeau and FAX a copy of this order to Warden Galipeau; (2) DIRECTS the United States Marshals Service to issue and serve process on Warden Galipeau by certified mail no later than Tuesday, November 26, 2019, at the 1 Martin-Shively initiated this case by filing an unsigned complaint (ECF 2) on September 27, 2019. Dockets.Justia.com Westville Correctional Facility with a copy of this order, the court’s screening order (ECF 7), and the amended complaint (ECF 4), pursuant to 28 U.S.C. § 1915(d); (3) ORDERS Warden Galipeau to respond to the request for preliminary injunction and file an affidavit or declaration with the court no later than Friday, November 29, 2019, explaining how Samuel L. Martin-Shively’s back pain is being addressed in a manner that satisfies the requirements of the Eighth Amendment. SO ORDERED this November 22, 2019. s/Michael G. Gotsch, Sr. Michael G. Gotsch, Sr. United States Magistrate Judge 2
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