ROWE v. DILLOW et al

Filing 167

ENTRY ON PENDING MOTIONS - The Court, having considered the above action and the matters which are pending, makes the following rulings: The motion for copies, dkt 160 , is granted. The motion for injunctive relief, dkt 157 , is denied as m oot. The plaintiffs request that this Court substitute his current medical provider, Dr. Nancy Marthakis, as a defendant in her official capacity, in order to pursue a claim for injunctive relief, dkt 165 , is denied. The plaintiffs motion for information, dkt 162 , is granted (SEE ENTRY FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 1/29/2020. (Attachments: # 1 Copy of Complaint, Motion for Temporary Restraining Order, and Memorandum of Law in Support and Exhibits, # 2 copy of Consent to Receipt of Documents Through Prisoner Electronic Filing Program) (DWH)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
JEFFREY ALLEN ROWE,
Plaintiff,
v.
ALICIA D. COOMER,
JEFFERY GLOVER,
BROWN,
Defendants.

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No. 1:17-cv-03288-JPH-DLP

ENTRY ON PENDING MOTIONS
The claims remaining in this action are based on the theory that NP Glover, Nurse Brown
and Nurse Coomer were deliberately indifferent to plaintiff Jeffrey Allen Rowe’s testicular pain
while he was incarcerated at New Castle Correctional Facility. A jury trial to resolve these
claims is scheduled for May 18, 2020.
The Court, having considered the above action and the matters which are pending, makes
the following rulings:
1.

Mr. Rowe has notified the Court that he is now incarcerated at the Indiana State

Prison in Michigan City, Indiana. He seeks a copy of certain documents that were lost during his
transfer. The motion for copies, dkt [160], is granted. The clerk is directed to include a copy of
the following along with Mr. Rowe’s copy of this Entry.
a.

Complaint, dkt [1].

b.

Motion for Temporary Restraining Order, dkt [157].

c.

Memorandum of Law in Support and Exhibits, dkt [158].

2.

The plaintiff’s motion for a temporary retraining order, preliminary injunction and

evidentiary hearing, dkt [157], has been considered. The plaintiff requests that this Court order
the defendants to provide him with a prescription of Tramadol, 100 mg, twice daily, to treat the
pain associated with his epididymal head cyst, until an evidentiary hearing can be held on his
motion for preliminary injunction. The request for injunctive relief, however, is now moot. This
is because the plaintiff has been transferred to the Indiana State Prison and is no longer under the
care of the defendants. “[W]hen a prisoner who seeks injunctive relief for a condition specific to
a particular prison is transferred out of that prison, the need for relief, and hence the prisoner’s
claim, become moot.” Lehn v. Holmes, 364 F.3d 862, 871 (7th Cir. 2004). Even if Mr. Rowe is
returned to New Castle Correctional Facility at some point in the future, the Court cannot assume
that the same specific narcotic medication would be warranted at that time or that Mr. Rowe
would be under the care of the named defendants. See Ortiz v. Downey, 561 F.3d 664, 668 (7th
Cir. 2009) (holding that claim for prospective relief was moot because inmate was transferred
from the Jail where the misconduct occurred). The motion for injunctive relief, dkt [157], is
denied as moot.
3.

The plaintiff’s request that this Court substitute his current medical provider,

Dr. Nancy Marthakis, as a defendant in her official capacity, in order to pursue a claim for
injunctive relief, dkt [165], is denied. If the plaintiff wants to file a civil action concerning his
treatment in the Northern District of Indiana, he can do so by filing a new complaint. Adding a
new defendant at this point in the case would create unnecessary delays to the Court’s calendar.
4.

The plaintiff has asked the Clerk to send him instructions on how to access the

prisoner e-filing program at the Indiana State Prison. The plaintiff should seek information from
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the facility regarding its process. The plaintiff’s motion for information, dkt [162], is granted to
the extent that the clerk is directed to include a copy of the “Consent to Receipt of Documents
Through Prisoner Electronic Filing Program” along with the plaintiff’s copy of this Entry.
SO ORDERED.
Date: 1/29/2020

Distribution:
JEFFREY ALLEN ROWE
116017
INDIANA STATE PRISON
INDIANA STATE PRISON
Electronic Service Participant – Court Only
Douglass R. Bitner
KATZ KORIN CUNNINGHAM, P.C.
[e-mail]
Adam Garth Forrest
BOSTON BEVER KLINGE CROSS & CHIDESTER
[e-mail]
Jarod Zimmerman
KATZ KORIN CUNNINGHAM, P.C.
[e-mail]

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