HANKINS v. PAUSZEK

Filing 5

ORDER granting Plaintiff's 3 Motion for Leave to Proceed in forma pauperis. This claim was severed from case number 1:12-cv-683-TWP-DML. The clerk isdirected to refile Filing No. 83 from 1:12-cv-683-TWP-DML in this action.The clerk is directed to update the docket to reflect that Kelly J. Pitcher has appeared as counsel on behalf of Dr. Pauszek. The plaintiff shall have through July 22, 2014, in which to file an amended complaint in this action. **SEE ORDER** Copy mailed. Signed by Judge Tanya Walton Pratt on 6/13/2014. (ADH)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

JONATHON MICHAEL HANKINS,
Plaintiff,
vs.
MICHAEL PAUSZEK Doctor,
Defendant.

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Case No. 1:14-cv-00887-TWP-DML

ENTRY DIRECTING FURTHER PROCEEDINGS

I. Filing Fee
The plaintiff’s motion for leave to proceed in forma pauperis [dkt. 3] is granted.

II. Clerk’s Assistance
In this case, plaintiff Jonathon Michael Hankins alleges that defendant Dr. Michael
Pauszek allegedly failed to provide constitutionally adequate medical care after admitting
Hankins to the Johnson County Memorial Hospital on June 1, 2010.
This claim was severed from case number 1:12-cv-683-TWP-DML. The clerk is
directed to refile Filing No. 83 from 1:12-cv-683-TWP-DML in this action.
The clerk is directed to update the docket to reflect that Kelly J. Pitcher has appeared as
counsel on behalf of Dr. Pauszek.

III. Amended Complaint Required
The plaintiff shall have through July 22, 2014, in which to file an amended complaint in
this action. The amended complaint must be limited to claims against Dr. Pauszek. No exhibits
should be attached. The amended complaint will completely replace and supersede the prior
complaints. Massey v. Helman, 196 F.3d 727, 735 (7th Cir. 1999).
In submitting an amended complaint, the plaintiff shall conform to the following
guidelines:
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The amended complaint shall comply with the requirement of Rule 8(a)(2) of the
Federal Rules of Civil Procedure that pleadings contain “a short and plain
statement of the claim showing that the pleader is entitled to relief. . .”;
The amended complaint shall comply with the requirement of Rule 10 that the
allegations in a complaint be made in numbered paragraphs, each of which should
recite, as far as practicable, only a single set of circumstances; and
The amended complaint must identify what legal injury he claims to have suffered
and what persons are responsible for each such legal injury.

The amended complaint will then be screened as required by 28 U.S.C. § 1915(e). The
defendant is not expected to file an answer or to otherwise respond to the amended complaint
until after screening has occurred. Counsel will not be recruited to represent Hankins if no viable
claim is alleged.
IT IS SO ORDERED.

06/13/2014
Date: __________________
Distribution:

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

JONATHON MICHAEL HANKINS
DOC # 966802
NEW CASTLE - CF
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NEW CASTLE, IN 47362