Miller v Reed et al
| Noah Michael Miller |
| Michael W. Reed, Daniel Hampton, Matthew J. Buehler, Michael Foster, Moore, R J Nethaway and County of Kosciusko |
| 3:2021cv00875 |
| November 15, 2021 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 28, 2022. A more recent docket listing may be available from PACER.
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Filing 13
ORDER: The Court ORDERS the plaintiff, Noah Michael Miller, IDOC # 281583, to pay (and the facility having custody to automatically remit) to the clerk 20% of the money received for each calendar month during which $10.00 or more is received, until the remaining $333.24 balance of the filing fee is paid in full. DIRECTS the Clerk to create a ledger for receipt of these funds andDIRECTS the Clerk to send a copy of this order to each facility where the plaintiff is housed until the filing fee has been paid in full. Signed by Chief Judge Jon E DeGuilio on 1/4/2022. (Copy mailed to pro se and Inmate Trust Fund Account)(mrm)
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Filing 12
Case transferred in from District of Indiana Southern; Case Number 1:21-cv-02242. Original file and docket sheet received.
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Filing 11
Transfer Letter to Clerk of the Northern District of Indiana, South Bend Division. Case transferred electronically to Northern District of Indiana, South Bend Division, on November 10, 2021. (MAC) [Transferred from Indiana Southern on 11/15/2021.]
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Filing 10
CLOSED TRANSFER - On October 6, 2021, the Court ordered Mr. Miller to show cause by October 22, 2021, why this matter-which relates to events that occurred in Kosciusko County, Indiana-should not be transferred to the Northern District of Indiana. Dkt. #9 ; 28 U.S.C. 1404(a) ("For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought..."). That deadline has passed, and Mr. Miller has not filed any response. Therefore, the clerk SHALL TRANSFER this case to the Northern District of Indiana, South Bend Division and close this case on the docket. Copy to Plaintiff via U.S. Mail. Signed by Judge James Patrick Hanlon on 11/10/2021. (MAC) [Transferred from Indiana Southern on 11/15/2021.]
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Filing 9
ORDER TO SHOW CAUSE - Noah Miller, an inmate in the Indiana Department of Corrections, brought this suit alleging violations of his Fifth, Sixth, Eighth, and Fourteenth Amendment Rights in proceedings related to his criminal cases in Kosciusko County, Indiana. Dkt. #8 at 2-3. All of the actions and events alleged occurred in the Northern District of Indiana, not the Southern District of Indiana. See dkt. 8; 28 U.S.C. 94(a). Further, the complaint does not list any defendants residing in this district. Id.; 28 U.S.C. 94(b). Venue thus appears improper in this District and proper in the Northern District of Indiana. See 28 U.S.C. 1391(b)(2) ("A civil action may be brought in... a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred...."). Mr. Miller shall therefore have until October 22, 2021, to show cause why this action should not be transferred to the United States District Court for the Northern District of Indiana. See 28 U.S.C. 1404(a). Copy to Plaintiff via U.S. Mail. Show Cause Response due by 10/22/2021. Signed by Judge James Patrick Hanlon on 10/6/2021. (MAC) [Transferred from Indiana Southern on 11/15/2021.]
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Filing 8
AMENDED COMPLAINT against DANIEL HAMPTON, MICHAEL W. REED, MATTHEW J. BUEHLER, MICHAEL FOSTER, MOORE, R.J. NETHAWAY and COUNTY OF KOSCIUSKO, filed by NOAH MICHAEL MILLER.(SWM) [Transferred from Indiana Southern on 11/15/2021.]
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Filing 7
MARGINAL ENTRY re Plaintiff's #6 Motion to Amend Complaint - Motion denied as moot, in that the Court already has granted Plaintiff leave to file his amended complaint. [Filing No. #4 ]. Accordingly, the amended complaint attached to this motion will be deemed timely filed. Signed by Magistrate Judge Tim A. Baker on 10/4/2021. (SWM) [Transferred from Indiana Southern on 11/15/2021.]
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Filing 6
MOTION for leave to Amend Complaint, filed by Plaintiff NOAH MICHAEL MILLER. (Attachments: #1 Proposed Amended Complaint, #2 Cover Letter, #3 Envelope)(DWH) [Transferred from Indiana Southern on 11/15/2021.]
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Filing 5
RECEIPT #IP076153 for initial partial filing fee in the amount of $16.76, paid by Plaintiff. (REO) [Transferred from Indiana Southern on 11/15/2021.]
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Filing 4
ORDER - Mr. Miller's motion for leave to proceed in forma pauperis, dkt. #2 , is granted to the extent that he is assessed an initial partial filing fee of Sixteen Dollars and Seventy-Six Cents ($16.76). See 28 U.S.C. 1915(b)(1). Mr. Miller shall have through October 1, 2021, in which to pay this sum to the clerk of the district court. Mr. Miller's complaint is dismissed for failure to state a claim upon which relief can be granted. He shall have through October 1, 2021, to file an amended complaint. Failure to act by this date may result in dismissal of this action without further notice. The clerk is directed to send Mr. Miller a copy of the Complaint Form with his copy of this order (SEE ORDER). Signed by Judge James Patrick Hanlon on 9/2/2021. Copy to Plaintiff via US Mail. (Attachments: #1 copy of the Complaint Form) (DWH) [Transferred from Indiana Southern on 11/15/2021.]
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Filing 3
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) [Transferred from Indiana Southern on 11/15/2021.]
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, NOAH MICHAEL MILLER. (Attachments: #1 Certification of Inmate Trust Fund Account, Transaction History Inquiry reports, #2 Envelope)(DJH) [Transferred from Indiana Southern on 11/15/2021.]
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Filing 1
COMPLAINT against DANIEL HAMPTON, and MICHAEL W. REED, filed by NOAH MICHAEL MILLER. (No fee paid with this filing) (Attachments: #1 Kosciusko Circuit Court records, #2 Proposed Summons, #3 Envelope)(DJH) [Transferred from Indiana Southern on 11/15/2021.]
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