MOUSER et al v. STATE OF INDIANA et al
L.B.M., M.M.M. and TRICIA MOUSER |
JUSTIN KENT CLOUSER, CURTIS HILL, INDIANA DEPARTMENT OF CHILD SERVICES, THOMAS R. LETT, BRANDON M. RUSH, STATE OF INDIANA and TIPTON COUNTY CIRCUIT COURT |
MELISSA CUNNYNGHAM |
1:2017cv04690 |
December 20, 2017 |
US District Court for the Southern District of Indiana |
Indianapolis Office |
William T. Lawrence |
Debra McVicker Lynch |
Civil Rights: Americans with Disabilities - Other |
42 U.S.C. ยง 12101 The Americans with Disabilities Act |
None |
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Filing 5 Entry Discussing Filing Fee, Denying Motion to Appoint Counsel and Dismissing Complaint. The plaintiff's request to proceed in forma pauperis, Dkt. No. 2 , is granted. The assessment of even a partial filing fee is not feasible at this tim e. Notwithstanding the foregoing ruling, the plaintiff owes the filing fee. For the present, the plaintiff's motion for assistance with recruiting counsel, Dkt. No. 3 , is denied. Ms. Mouser's motion for counsel does not indicate whet her she has made a reasonable attempt to recruit counsel on his own. Ms. Mouser should make such efforts, and if she chooses to renew her request for the appointment of counsel, she shall provide the court with a list of the names of attorneys, org anizations, and/or law firms she has contacted and any responses she has received. The statutory claims against the individual defendants are dismissed. Several of the individual defendants are named in the ADA and Rehabilitation Act claims, but Judge Lett, Melissa Cunnyngham, Justin Kent Clouser and Brandon M. Rush are not amenable to suit under the Rehabilitation Act or the ADA. Any amended complaint should have the proper case number, 1:17-cv-4690-WTL-DML and the words "Amended Complaint" on the first page. If an amended complaint is filed as directed above, it will be screened. If no amended complaint is filed, this action will be dismissed for the reasons set forth above. (Copy to Plaintiff via U.S. Mail) Signed by Judge William T. Lawrence on 12/28/2017. (JDC) |
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