MAXEY v. POTTER et al
| VANCE GERALD MAXEY |
| BRENT POTTER, DOYLE & FOUTTY, U S BANK N A, GARY L. MILLER, THERESE A. HANNAH and STATE OF INDIANA |
| 1:2024cv00320 |
| February 21, 2024 |
| US District Court for the Southern District of Indiana |
| Mario Garcia |
| Tanya Walton Pratt |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 4, 2024. A more recent docket listing may be available from PACER.
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Filing 14
CLOSED FINAL JUDGMENT PURSUANT TO FED. R. CIV. PRO. 58 - Court having this day made its Entry directing the entry of final judgment, the Court now enters FINAL JUDGMENT. This action is dismissed without prejudice. Signed by Judge Tanya Walton Pratt on 4/4/2024. Copy to Plaintiff via US Mail. (DWH)
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Filing 13
ENTRY DISMISSING ACTION AND DIRECTING ENTRY OF FINAL JUDGMENT - The Court gave notice to the Plaintiff regarding the jurisdictional deficiencies of his initial Complaint and provided him with an opportunity to respond. See Aljabri v. Holder, 745 F.3d 816, 819 (7th Cir. 2014). Because the Plaintiff has failed to cure the deficiencies of his initial Complaint, for the reasons discussed in the screening Entry, this action is dismissed for lack of jurisdiction. See 28 U.S.C. 1915(e)(2)(B). Final judgment consistent with this Entry will be issued under separate order (SEE ENTRY FOR DETAILS). Signed by Judge Tanya Walton Pratt on 4/4/2024. Copy to Plaintiff via US Mail. (DWH)
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Filing 12
NOTICE to the Court, filed by Plaintiff VANCE GERALD MAXEY (TPS)
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Filing 11
AMENDED COMPLAINT against All Defendants, filed by VANCE GERALD MAXEY.(TPS)
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Filing 10
ORDER - DENYING PLAINTIFF'S MOTION FOR STAY AND MOTION FOR DEMURRER AND DENYING DEFENDANTS' MOTION TO DISMISS; This matter is before the Court on pro se Plaintiff Vance Gerald Maxey's ("Maxey") Motion for Stay Pending Review (Dkt. 6) and Motion for Demurrer (Dkt. 9). Also before the Court is Defendants S. Brent Potter and Doyle & Foutty, P.C.'s (together, "the Defendants") Motion to Dismiss Complaint (Dkt. 7). For the following reasons, the motions are denied. Maxey's Motion for Stay Pending Review, Dkt. #6 and Motion for Demurrer, Dkt. #9 are DENIED. Defendants' Motion to Dismiss Complaint, Dkt. [7)] is DENIED without prejudice to refile, if appropriate. As the Court noted above, Maxey's Complaint filed in this case on February 21, 2024 is subject to dismissal for lack of subject matter jurisdiction, and Maxey has until Friday, March 29, 2024, to file an amended complaint, if he believes he has claims that would survive dismissal (Dkt. 4). If no amended complaint is filed by that deadline, this action will be dismissed for the reasons explained in Dkt. 4 *** SEE ORDER ***. Signed by Judge Tanya Walton Pratt on 3/19/2024. Copy Sent to Plaintiff Via U.S. Mail. (CKM)
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Filing 9
MOTION for Demurrer, filed by Plaintiff VANCE GERALD MAXEY. (LF)
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Filing 8
NOTICE of Appearance by Kurt V. Laker on behalf of Defendants DOYLE & FOUTTY, BRENT POTTER. (Laker, Kurt)
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Filing 7
MOTION to Dismiss , filed by Defendants DOYLE & FOUTTY, BRENT POTTER. (Laker, Kurt)
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Filing 6
MOTION to Stay Pending Review, filed by Plaintiff VANCE GERALD MAXEY. (LBT)
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Filing 5
NOTICE to Pro se Litigant - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. (Copy mailed to plaintiff) (TRG)
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Filing 4
ENTRY - SCREENING COMPLAINT AND ORDER TO SHOW CAUSE; This matter is before the Court for screening of Plaintiff's complaint. On February 21, 2024, pro se Plaintiff Vance Gerald Maxey ("Plaintiff") initiated this civil action by filing a pleading titled "5.5 Million Dollar Civil Lawsuit '42 USC 1983 Deprivation of Rights' Wrongful Foreclosure, Breach of Contract and Breach of Trust" (the "Complaint") (Dkt. 1). Having screened the Complaint, the Court finds it is subject to dismissal for lack of jurisdiction. Plaintiff is granted leave to file an amended complaint by no later than Friday, March 29, 2024 by which to show cause why judgment consistent with this Entry should not issue. If no amended complaint is filed by that date, this action will be dismissed for the reasons set forth. Signed by Judge Tanya Walton Pratt on 2/28/2024. Copy Sent to Plaintiff Via U.S. Mail(CKM)
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Filing 3
Notice to File Rule 7.1 Disclosure Statement. (RAGS) (CCG)
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Filing 2
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (CCG)
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Filing 1
COMPLAINT against DOYLE & FOUTTY, THERESE A. HANNAH, GARY L. MILLER, BRENT POTTER, STATE OF INDIANA, U S BANK N A, filed by VANCE GERALD MAXEY. (Filing fee $405, receipt number 9119) (Attachments: #1 Exhibit)(CCG)
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