WHITE v. POORE

Filing 5

ENTRY Discussing Complaint. Claims shall proceed as claims that Ms. Poore exhibited deliberate indifference to Mr. White's serious medical needs in violation of the Eighth Amendment to the United States Constitution. See Estelle v. Gamble, 42 9 U.S. 97, 104 (1976). Any claim against Ms. Poore in her official capacity is dismissed. Omosegbon v. Wells, 335 F.3d 668, 673 (7th Cir. 2003) (the state is not a "person" that can be sued under 42 U.S.C. § 1983). The defendant ha s already appeared and filed an answer. A scheduling order will issue through a separate Entry. If the plaintiff believes he has asserted claims which were not addressed in this Entry, he shall have through September 21, 2015, in with to so notify the Court. Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 9/3/2015.(MAC)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

DONYALL WHITE,
Plaintiff,
vs.
VICKI POORE,
Defendant.

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No. 1:15-cv-01347-TWP-DKL

Entry Discussing Complaint
Plaintiff Donyall White (“Mr. White”), an inmate at the Correctional Industrial Facility
(“CIF”) brought this complaint in Madison Circuit Court alleging that Defendant Vicki Poore
(“Ms. Poore”) has ignored his medical needs. His claims are brought pursuant to 42 U.S.C. § 1983.
Ms. Poore removed the case to this Court.
Because Mr. White is a prisoner, the complaint is now subject to the screening required by
28 U.S.C. § 1915A. Pursuant to this statute, “[a] complaint is subject to dismissal for failure to
state a claim if the allegations, taken as true, show that plaintiff is not entitled to relief.” Jones v.
Bock, 127 S. Ct. 910, 921 (2007). “[T]he first step in any [§ 1983] claim is to identify the specific
constitutional right infringed.” Albright v. Oliver, 510 U.S. 266, 271 (1994). Mr. White alleges
that Ms. Poore, the Health Services Administrator at CIF, ignored and failed to provide treatment
for constant pain in his feet, ankles, legs, hips, and neck. He also alleges that she ignored injuries
he sustained in a fall. These claims shall proceed as claims that Ms. Poore exhibited deliberate
indifference to Mr. White’s serious medical needs in violation of the Eighth Amendment to the
United States Constitution. See Estelle v. Gamble, 429 U.S. 97, 104 (1976). Any claim against Ms.

Poore in her official capacity is dismissed. Omosegbon v. Wells, 335 F.3d 668, 673 (7th Cir. 2003)
(the state is not a “person” that can be sued under 42 U.S.C. § 1983).
The defendant has already appeared and filed an answer. A scheduling order will issue
through a separate Entry. If the plaintiff believes he has asserted claims which were not addressed
in this Entry, he shall have through September 21, 2015, in with to so notify the Court.
IT IS SO ORDERED.

Date: 9/3/2015

Distribution:
All electronically registered counsel
DONYALL WHITE
980181
PENDLETON - CIF
CORRECTIONAL INDUSTRIAL FACILITY
Inmate Mail/Parcels
5124 West Reformatory Road
PENDLETON, IN 46064