United States District Court, S.D. Indiana, Indianapolis Division
CLINTON B. MACKEY, Plaintiff,
CORIZON HEALTH LLC, WEXFORD HEALTH SOURCES, INC., SAMUEL J. BYRD, MARY A. CHAVEZ, BARBRA RIGGS, PAUL A. TALBOT, M.D., Defendants.
ENTRY DENYING AS UNNECESSARY MOTION FOR EXTENSION OF
TIME, GRANTING MOTION FOR LEAVE TO FILE AMENDED COMPLAINT,
SCREENING AMENDED COMPLAINT, AND DIRECTING FURTHER
WALTON PRATT, JUDGE
action is before the Court for resolution of Plaintiff
Clinton Mackey's motion for an extension of time to file
an amended complaint, Dkt. 31, and his motion for leave to
file an amended complaint, Dkt. 32. In this Entry, the Court
also screens Mr. Mackey's amended complaint pursuant to
28 U.S.C. § 1915A(b).
Motion for Extension of Time
Mackey's motion for an extension of time to file an
amended complaint, Dkt. , is denied as
unnecessary. Mr. Mackey moved for leave to file an
amended complaint within the time provided by the current
pretrial schedule. See Dkts. 29, 32.
Motion for Leave to File Amended Complaint
Mackey's unopposed motion for leave to file an amended
complaint, Dkt. , is granted. The
clerk is directed to redocket the proposed
amended complaint, Dkt. 32-1, as the amended complaint. This
action shall proceed with the amended
complaint as the operative pleading in the action.
Mackey is an inmate currently confined at the Pendleton
Correctional Facility (PCF). Because Mr. Mackey is a
“prisoner” as defined by 28 U.S.C. §
1915(h), this Court has an obligation under 28 U.S.C. §
1915A(b) to screen the amended complaint before service on
to 28 U.S.C. § 1915A(b), the Court must dismiss a
complaint if it is frivolous or malicious, fails to state a
claim for relief, or seeks monetary relief against a
defendant who is immune from such relief. In determining
whether a complaint states a claim, the Court applies the
same standard as when addressing a motion to dismiss under
Federal Rule of Civil Procedure 12(b)(6). See Lagerstrom
v. Kingston, 463 F.3d 621, 624 (7th Cir. 2006). To
[the] complaint must contain sufficient factual matter,
accepted as true, to state a claim for relief that is
plausible on its face. A claim has facial plausibility when
the plaintiff pleads factual content that allows the court to
draw the reasonable inference that the defendant is liable
for the misconduct alleged.
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Pro
se complaints such as that filed by the plaintiff are
construed liberally and held “to a less stringent
standard than formal pleadings drafted by lawyers.”
Perez v. Fenoglio, 792 F.3d 768, 776 (7th Cir. 2015)
(internal quotation omitted).
The Amended Complaint
original complaint asserted claims regarding Mr. Mackey's
treatment for urological symptoms while confined at the
Wabash Valley Correctional Facility (WVCF) and PCF between
August 2015 and February 2018. A thorough discussion of the
claims and allegations presented in the ...