WALTERS v. CORIZON MEDICAL SERVICES INC.

District Court, S.D. Indiana

WALTERS v. CORIZON MEDICAL SERVICES INC.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION

LANCE WALTERS, ) ) Plaintiff, ) ) v. ) No. 2:19-cv-00415-JPH-DLP ) REBECCA TRIVETT, et al. ) ) Defendants. )

ENTRY ON PENDING MOTIONS This matter is before the Court for resolution of several motions by the parties. I. Motion for Change of Judge Plaintiff Lance Walters’ motion for change of judge, dkt. [63], is DENIED. Mr. Walters alleges that the undersigned judge “has been bias[ed]” and “shown prejudice” toward him. Mr. Walters explains these allegations only by stating that the undersigned judge has not ruled on motions quickly and that he has ruled against Mr. Walters on certain motions. But “‘[j]udicial rulings alone almost never constitute a valid basis’ for a recusal motion.” Grove Fresh Distribs., Inc. v. John Labatt, Ltd.,

299 F.3d 635, 640

(7th Cir. 2002) (quoting Liteky v. United States,

510 U.S. 540, 555

(1994)). “Any bias must be proven by compelling evidence,” and “[t]he bias or prejudice ‘must be grounded in some personal animus or malice that the judge harbors . . . of a kind that a fair-minded person could not entirely set aside when judging certain persons or causes.’”

Id.

(quoting United States v. Balistrieri,

779 F.2d 1191, 1201

(7th Cir. 1985)). Mr. Walters has not shown bias by compelling evidence. II. Motions Regarding Motion to Dismiss Defendant Loice Mukona’s motion to join the Corizon defendants’ motion to dismiss, dkt. [65], is GRANTED. Mr. Walters’ motion for extension of time, dkt. [71], is GRANTED. Mr. Walters shall have through May 8, 2020, to respond to the motion to dismiss.

III. Motions to Appoint Counsel Mr. Walters’ motions to appoint counsel, dkts. [72] and [79], are DENIED for the same reasons set forth at dkt. 46. Mr. Walters remains competent to litigate this matter on his own at least through the resolution of any motions for summary judgment. IV. Motion for Hearing Mr. Walters’ motion requesting a hearing, dkt. [74], is DENIED. V. Conclusion In sum: • Mr. Walters’ motion for change of judge, dkt. [63], is denied. • Ms. Mukona’s motion to join the Corizon defendants’ motion to dismiss, dkt. [65], is granted. • Mr. Walters’ motion for extension of time, dkt. [71], is granted. Mr. Walters shall have through May 8, 2020, to respond to the motion to dismiss. • Mr. Walters’ motions to appoint counsel, dkts. [72] and [79], are denied. • Mr. Walters’ motion requesting a hearing, dkt. [74], is denied. Finally, the clerk is directed to update the spelling of the following defendant’s name on the docket: Current Spelling Updated Spelling Loice Mulkona Loice Mukona SO ORDERED. Date: 4/3/2020

Sjamu Patrick anor James Patrick Hanlon United States District Judge Southern District of Indiana Distribution: LANCE WALTERS 103746 WESTVILLE - CF WESTVILLE CORRECTIONAL FACILITY Electronic Service Participant — Court Only Douglass R. Bitner KATZ KORIN CUNNINGHAM, P.C. [email protected] Jeb Adam Crandall BLEEKE DILLON CRANDALL ATTORNEYS jeb @bleekedilloncrandall.com Jane J. Handley INDIANA ATTORNEY GENERAL jane.handley @ atg.in.gov Adriana Katzen BLEEKE DILLON CRANDALL ATTORNEYS adriana @ bleekedilloncrandall.com Angela Marie Rinehart KATZ KORIN CUNNINGHAM, P.C. [email protected]

Reference

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