This case was last updated from PACER on 08/31/2019 at 07:48:23 (UTC).

Downes v. Wexford Health Sources, Inc. et al (INMATE 1)

Case Summary

On 07/02/2019 Downes filed a Prisoner - Prison Condition lawsuit against Wexford Health Sources, Inc INMATE 1. This case was filed in U.S. District Courts, Alabama Middle District. The Judges overseeing this case are Charles S. Coody and Myron H. Thompson. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:19-CV-00469

  • Filing Date:

    07/02/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Prison Condition

  • Court:

    U.S. District Courts

  • Courthouse:

    Alabama Middle District

Judge Details

Referral Judge

Charles S. Coody

Presiding Judge

Myron H. Thompson

 

Party Details

Plaintiff

James R. Downes

Clio, AL 36017-2615

Defendants

P. A. Driggers

Alabama Department of Corrections

Wexford Health Sources, Inc.

Dr. Wilson

Walter Myers

Dr. Hood

Attorney/Law Firm Details

Defendant Attorney

Philip Piggott

Attorney at Starnes Davis Florie LLP

100 Brookwood Place - 7Th Floor

Birmingham, AL 35209

 

Court Documents

#43

(#43) RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. The motions for preliminary injunction (Docs. #2 , #20 ) filed by Downes be DENIED. 2. This case be referred back to the undersigned for additional proceedings. Objections to R&R due by 9/4/2019. Signed by Honorable Judge Charles S. Coody on 8/21/2019. (dmn, ) (Entered: 08/21/2019)

#42

(#42) ORDER: The Magistrate Judge has reviewed the special reports and supporting evidentiary materials filed by the defendants and determined that the plaintiff should file a response in opposition to each of the arguments set forth in these documents. It is ORDERED that on or before 9/10/2019 the plaintiff shall file a response to the reports filed by the defendants addressing each of the arguments/defenses raised therein as further set out in the order. Signed by Honorable Judge Charles S. Coody on 8/21/2019. (dmn, ) (Entered: 08/21/2019)

41 #1

Affidavit Warden Walter Myers

#41

(#41) Special Report to Inmate 1983 Complaint by Alabama Department of Corrections, Walter Myers. (Attachments: #1 Affidavit Warden Walter Myers)(Piggott, Philip) (Entered: 08/20/2019)

#40

(#40) Return Receipt Card showing service of #2 Motion for TRO, #20 Motion, and #24 Order signed by Pzur (name illegible) for Wexford Health Sources, Inc. served 8/16/2019. (dmn, ) (Entered: 08/19/2019)

39 #1

Affidavit Dr. Philip Wilson

#39

(#39) RESPONSE in Opposition re MOTION for Preliminary Injunction, #20 MOTION filed by P. A. Driggers, Dr. Hood, Wexford Health Sources, Inc., Dr. Wilson. (Attachments: #1 Affidavit Dr. Philip Wilson)(Piggott, Philip) (Entered: 08/19/2019)

#24

(#40) Return Receipt Card showing service of #2 Motion for TRO, #20 Motion, and #24 Order signed by Pzur (name illegible) for Wexford Health Sources, Inc. served 8/16/2019. (dmn, ) (Entered: 08/19/2019)

#20

(#39) RESPONSE in Opposition re MOTION for Preliminary Injunction, #20 MOTION filed by P. A. Driggers, Dr. Hood, Wexford Health Sources, Inc., Dr. Wilson. (Attachments: #1 Affidavit Dr. Philip Wilson)(Piggott, Philip) (Entered: 08/19/2019)

#8

(#8) ORDER that the plaintiff's #6 Renewed Motion for a temporary restraining order is denied. Signed by Honorable Judge Myron H. Thompson on 7/23/2019. (dmn, ) (Entered: 07/23/2019)

#7

(#7) ORDER: On 7/19/2019, the plaintiff filed an application and supporting information in which he advises court of the ability to make payment of the $400.00 filing and administrative fees and that payment of such fees has been made to the court. However, payment of these fees was by personal check, a form of payment not accepted by the court. Accordingly, it is ORDERED that the plaintiff is GRANTED an extension to 8/15/2019 to submit payment of the filing/administrative fees in a form acceptable by the court. Acceptable forms of payment are a cashier's check, money order, or cash paid in person by hand delivery to the Clerk's office. Signed by Honorable Judge Charles S. Coody on 7/22/2019. Furnished to cashier. (dmn, ) (Entered: 07/22/2019)

6 #1

Supporting Documents

#6

(#8) ORDER that the plaintiff's #6 Renewed Motion for a temporary restraining order is denied. Signed by Honorable Judge Myron H. Thompson on 7/23/2019. (dmn, ) (Entered: 07/23/2019)

#5

(#5) ORDER: Upon review of the #2 Motion for Preliminary Injunction filed hereby by the plaintiff on 7/2/2019, in which the plaintiff requests that this court order the defendants to refer him to a free world neurosurgeon for treatment, it is ORDERED that on or before 7/23/2019 the defendants shall SHOW CAUSE as to why the motion should not be granted. It is further ORDERED that defendants shall submit affidavits and any relevant medical records in support of their resposne to the plaintiff's motion for preliminary injunction. Signed by Honorable Judge Charles S. Coody on 7/3/2019. (dmn, ) (Entered: 07/03/2019)

#4

(#4) ORDER that plaintiff's #2 Motion for a temporary restraining order is denied. Signed by Honorable Judge Myron H. Thompson on 7/3/2019. (dmn, ) (Entered: 07/03/2019)

#3

(#3) ORDER that on or before 7/23/2019 the plaintiff shall file either the appropriate affidavit in support of a motion for leave to proceed in forma pauperis accompanied by a prison account statement from the account clerk at Easterling as further set out in the order or, if he does not seek in forma pauperis treatement, the $400 filing/administrative fees. To aid the plaintiff in complying with this order, the CLERK is DIRECTED to furnish him with a copy of the form affidavit used by persons seeking to proceed in forma pauperis before this court. Signed by Honorable Judge Charles S. Coody on 7/3/2019. Copy with IFP form mailed as to plaintiff as directed.(dmn, ) (Entered: 07/03/2019)

#2

(#40) Return Receipt Card showing service of #2 Motion for TRO, #20 Motion, and #24 Order signed by Pzur (name illegible) for Wexford Health Sources, Inc. served 8/16/2019. (dmn, ) (Entered: 08/19/2019)

#1

(#1) Inmate 1983 COMPLAINT against Alabama Department of Corrections, P. A. Driggers, Dr. Hood, Walter Myers, Wexford Health Sources, Inc., Dr. Wilson, filed by James R. Downes. (NO IFP; NO FILING FEE)(es, ) (Entered: 07/02/2019)

44 More Documents Available

 

Docket Entries

  • 08/21/2019
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  • (#43) RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. The motions for preliminary injunction (Docs. #2 , #20 ) filed by Downes be DENIED. 2. This case be referred back to the undersigned for additional proceedings. Objections to R&R due by 9/4/2019. Signed by Honorable Judge Charles S. Coody on 8/21/2019. (dmn, ) (Entered: 08/21/2019)

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  • 08/21/2019
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  • (#42) ORDER: The Magistrate Judge has reviewed the special reports and supporting evidentiary materials filed by the defendants and determined that the plaintiff should file a response in opposition to each of the arguments set forth in these documents. It is ORDERED that on or before 9/10/2019 the plaintiff shall file a response to the reports filed by the defendants addressing each of the arguments/defenses raised therein as further set out in the order. Signed by Honorable Judge Charles S. Coody on 8/21/2019. (dmn, ) (Entered: 08/21/2019)

    Read MoreRead Less
  • 08/20/2019
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  • (#41) Special Report to Inmate 1983 Complaint by Alabama Department of Corrections, Walter Myers. (Attachments: #1 Affidavit Warden Walter Myers)(Piggott, Philip) (Entered: 08/20/2019)

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  • 08/19/2019
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  • (#40) Return Receipt Card showing service of #2 Motion for TRO, #20 Motion, and #24 Order signed by Pzur (name illegible) for Wexford Health Sources, Inc. served 8/16/2019. (dmn, ) (Entered: 08/19/2019)

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  • 08/19/2019
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  • (#39) RESPONSE in Opposition re MOTION for Preliminary Injunction, #20 MOTION filed by P. A. Driggers, Dr. Hood, Wexford Health Sources, Inc., Dr. Wilson. (Attachments: #1 Affidavit Dr. Philip Wilson)(Piggott, Philip) (Entered: 08/19/2019)

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  • 08/19/2019
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  • (#38) Special Report to Inmate 1983 Complaint by P. A. Driggers, Dr. Hood, Wexford Health Sources, Inc., Dr. Wilson. (Attachments: #1 Affidavit Dr. Philip Wilson, #2 Exhibit Redacted Medical Records)(Piggott, Philip) (Entered: 08/19/2019)

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  • 08/16/2019
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  • (#37) Corporate/Conflict Disclosure Statement by P. A. Driggers. (Piggott, Philip) (Entered: 08/16/2019)

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  • 08/16/2019
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  • (#36) Corporate/Conflict Disclosure Statement by Alabama Department of Corrections. (Piggott, Philip) (Entered: 08/16/2019)

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  • 08/16/2019
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  • (#35) Corporate/Conflict Disclosure Statement by Dr. Hood. (Piggott, Philip) (Entered: 08/16/2019)

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  • 08/16/2019
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  • (#34) Corporate/Conflict Disclosure Statement by Dr. Wilson. (Piggott, Philip) (Entered: 08/16/2019)

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26 More Docket Entries
  • 07/23/2019
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  • (#8) ORDER that the plaintiff's #6 Renewed Motion for a temporary restraining order is denied. Signed by Honorable Judge Myron H. Thompson on 7/23/2019. (dmn, ) (Entered: 07/23/2019)

    Read MoreRead Less
  • 07/22/2019
  • View Court Documents
  • (#7) ORDER: On 7/19/2019, the plaintiff filed an application and supporting information in which he advises court of the ability to make payment of the $400.00 filing and administrative fees and that payment of such fees has been made to the court. However, payment of these fees was by personal check, a form of payment not accepted by the court. Accordingly, it is ORDERED that the plaintiff is GRANTED an extension to 8/15/2019 to submit payment of the filing/administrative fees in a form acceptable by the court. Acceptable forms of payment are a cashier's check, money order, or cash paid in person by hand delivery to the Clerk's office. Signed by Honorable Judge Charles S. Coody on 7/22/2019. Furnished to cashier. (dmn, ) (Entered: 07/22/2019)

    Read MoreRead Less
  • 07/19/2019
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  • RENEWED MOTION for Temporary Restraining Order by James R. Downes. (dmn, ) (NO PDF, see Doc. #6 -1 at 1.) Modified on 7/23/2019 to include "renewed." (dmn, ) (Entered: 07/22/2019)

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  • 07/19/2019
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  • (#6) Application to Proceed Without Prepayment of Fees and Affidavit by James R. Downes. (Attachments: #1 Supporting Documents)(dmn, ) (Entered: 07/22/2019)

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  • 07/03/2019
  • View Court Documents
  • (#5) ORDER: Upon review of the #2 Motion for Preliminary Injunction filed hereby by the plaintiff on 7/2/2019, in which the plaintiff requests that this court order the defendants to refer him to a free world neurosurgeon for treatment, it is ORDERED that on or before 7/23/2019 the defendants shall SHOW CAUSE as to why the motion should not be granted. It is further ORDERED that defendants shall submit affidavits and any relevant medical records in support of their resposne to the plaintiff's motion for preliminary injunction. Signed by Honorable Judge Charles S. Coody on 7/3/2019. (dmn, ) (Entered: 07/03/2019)

    Read MoreRead Less
  • 07/03/2019
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  • (#4) ORDER that plaintiff's #2 Motion for a temporary restraining order is denied. Signed by Honorable Judge Myron H. Thompson on 7/3/2019. (dmn, ) (Entered: 07/03/2019)

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  • 07/03/2019
  • View Court Documents
  • (#3) ORDER that on or before 7/23/2019 the plaintiff shall file either the appropriate affidavit in support of a motion for leave to proceed in forma pauperis accompanied by a prison account statement from the account clerk at Easterling as further set out in the order or, if he does not seek in forma pauperis treatement, the $400 filing/administrative fees. To aid the plaintiff in complying with this order, the CLERK is DIRECTED to furnish him with a copy of the form affidavit used by persons seeking to proceed in forma pauperis before this court. Signed by Honorable Judge Charles S. Coody on 7/3/2019. Copy with IFP form mailed as to plaintiff as directed.(dmn, ) (Entered: 07/03/2019)

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  • 07/02/2019
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  • Emergency MOTION for Preliminary Injunction by James R. Downes. (dmn, ) (NO PDF, see Doc #2 for pdf.) (Entered: 07/03/2019)

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  • 07/02/2019
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  • (#2) MOTION for Temporary Restraining Order by James R. Downes. (es, ) (Entered: 07/02/2019)

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  • 07/02/2019
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  • (#1) Inmate 1983 COMPLAINT against Alabama Department of Corrections, P. A. Driggers, Dr. Hood, Walter Myers, Wexford Health Sources, Inc., Dr. Wilson, filed by James R. Downes. (NO IFP; NO FILING FEE)(es, ) (Entered: 07/02/2019)

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