HANKINS v. CUMMINS et al

Filing 115

ENTRY - The plaintiff shall have through October 22, 2013, in which to identify his different legal claims. For each claim the plaintiff should identify the defendant(s) against which that claim is made. The motion for extension of time to file a response to the motion for summary judgment [dkt. 105 ] is GRANTED. The magistrate judge is requested to set a deadline for responding to the motion for summary judgment in the course of the November 5, 2013, initial pretrial conference. The req uest for reconsideration [dkt. 109 ] is DENIED, because the court made a correct ruling on the plaintiff's motion to strike and no persuasive basis for reconsidering that ruling has been shown. The plaintiff's request that this court order the Miami Correctional Facility (a non-party) to serve more than 20 subpoenas on his behalf [dkt. 112 ], because he does not have the money to do so himself, is DENIED. Signed by Judge Tanya Walton Pratt on 10/11/2013. Copy Mailed. (JD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

JONATHON MICHAEL HANKINS,
Plaintiff,
vs.
NURSE NANCY, DAVID H. DUNKLE MD.,
GERALD B. MADER, MICHAEL E.
PAUSZEK MD., DOUGLAS COX In his
official capacity only, JOHNSON COUNTY
ADULT AND CHILD MENTAL CARE
AGENCY, JOAN RYAN L.M.H.C.,
Defendants.

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Case No. 1:12-cv-00683-TWP-DML

Entry Concerning Selected Matters
The court, having considered the above action and the matters which are pending, makes
the following rulings:
1.

The plaintiff states in his motion for appointment of counsel and medical experts

that this case “contains several different legal claims and issues with each claim or issue
involving a different set of defendants.” Dkt. 102 at p. 4. The plaintiff shall have through
October 22, 2013, in which to identify his different legal claims. For each claim the plaintiff
should identify the defendant(s) against which that claim is made.
2.

The motion for extension of time to file a response to the motion for summary

judgment [dkt. 105] is granted. The magistrate judge is requested to set a deadline for
responding to the motion for summary judgment in the course of the November 5, 2013, initial
pretrial conference.

3.

A motion to reconsider is designed to correct manifest errors of law or fact or to

present newly discovered evidence. Publishers Resource, Inc. v. Walker-Davis Publications,
Inc., 762 F.2d 557, 561 (7th Cir. 1985). For example, a motion for reconsideration is appropriate
when: (1) a court has patently misunderstood a party; (2) a court has made a decision outside the
adversarial issues presented; (3) a court has made an error not of reasoning but of apprehension;
or (4) a change in the law or facts has occurred since the submission of the issue. On the other
hand, a motion for reconsideration is an “improper vehicle to introduce evidence previously
available or to tender new legal theories.” Bally Export Corp. v. Balicar, Ltd., 804 F.2d 398, 404
(7th Cir. 1986). The plaintiff seeks reconsideration of the Entry of September 6, 2013, in
particular the denial of the plaintiff’s request to compel the Johnson County Sheriff’s
Department to provide the last known address for 3,249 individuals. The request for
reconsideration [dkt. 109] is denied, because the court made a correct ruling on the plaintiff’s
motion to strike and no persuasive basis for reconsidering that ruling has been shown.
4.

The plaintiff’s request that this court order the Miami Correctional Facility (a

non-party) to serve more than 20 subpoenas on his behalf [dkt. 112], because he does not have
the money to do so himself, is denied.
IT IS SO ORDERED.

10/11/2013
Date: __________________

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana

Distribution:
JONATHON MICHAEL HANKINS
DOC 966802
MIAMI CORRECTIONAL FACILITY
Inmate Mail/Parcels
3038 West 850 South
BUNKER HILL, IN 46914
All Electronically Registered Counsel
Chambers of Magistrate Judge Lynch