CLARK v. ACOSTA et al
| GARRY A. CLARK |
| R. ALEXANDER ACOSTA, BUZZI UNICEM USA, INC. and BUZZI UNICEM S.P.A. |
| 1:2018cv02805 |
| September 12, 2018 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Tanya Walton Pratt |
| Civil Rights: Jobs |
| 29 U.S.C. ยง 621 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 30, 2018. A more recent docket listing may be available from PACER.
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| Filing 11 AMENDED ENTRY DISMISSING THE AMENDED COMPLAINT AND DIRECTING ENTRY OF FINAL JUDGMENT - The plaintiff alleges multiple violations of the Mine Act of 1977 by the defendants with respect to a criminal report that named the plaintiff. Unfortunately, the amended complaint suffers from the same deficiencies that the initial complaint did. However, unlike the initial complaint, the amended complaint does not allege that the defendants caused him to suffer an adverse employment action based on his age. Rather, the amended complaint focuses on the "SLAM" program that somehow relates to the Mine Act. Despite attempts to decipher Plaintiff's claims, the amended complaint is indecipherable. A complaint that is wholly insubstantial does not invoke the district court's subject matter jurisdiction. When it becomes clear that a suit filed in forma pauperis is irrational or delusional, the district court is required to dismiss it. Because the amended complaint fails to provide a short and plain statement of the claim showing that the pleader is entitled to relief, the action must be dismissed. The Judgment dismissing the action for lack of jurisdiction has been issued. Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 10/30/2018.(NAD) |
| Filing 10 FINAL JUDGMENT PURSUANT TO FED. R. CIV. PRO. 58 - The Court having this day made its Entry directing the entry of final judgment, now enters FINAL JUDGMENT, and this action is dismissed for lack of jurisdiction. Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 10/24/2018.(NAD) |
| Filing 9 Entry Dismissing the Amended Complaint and Directing Entry of Final Judgment - A complaint that is wholly insubstantial does not invoke the district court's subject matter jurisdiction. When it becomes clear that a suit filed in forma pauperis is irrational or delusional, the district court is required to dismiss it. Because the amended complaint fails to provide a short and plain statement of the claim showing that the pleader is entitled to relief, the action must be dismissed. Judgment dismissing the action for lack of jurisdiction shall now issue. (See Entry.) Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 10/24/2018.(NAD) |
| Filing 8 AMENDED COMPLAINT against R. ALEXANDER ACOSTA, BUZZI UNICEM S.P.A. and BUZZI UNICEM USA, INC., filed by GARRY A. CLARK. (Attachments: #1 Envelope)(CBU) |
| Filing 7 ENTRY - granting #6 Motion for Leave to Proceed in forma pauperis. The assessment of an initial partial filing fee is waived. The plaintiff has filed a complaint against the defendants alleging that the defendants caused him to suffer an adverse employment action based on his age. Dkt. #1 , pp. 2-3. However, the complaint is otherwise indecipherable, and none of the allegations can be understood to support a claim for a violation of the Age Discrimination in Employment Act. The dismissal of the complaint will not in this instance lead to the dismissal of the action at present. Instead, the plaintiff shall have through November 1, 2018, in which to file an amended complaint. Any amended complaint should have the proper case number, 1:18-cv- 2805-TWP-TAB 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. (See Entry. ) Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 10/2/2018. (NAD) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff GARRY A. CLARK. (Attachments: #1 Envelope)(NAD) |
Filing 5
ORDER - denying #2 Motion for Leave to Proceed in forma pauperis. The plaintiff has submitted a motion for leave to proceed in forma pauperis. However, the motion is actually a blank order that either grants or denies a motion to proceed without prepaying fees or costs. Because the plaintiff has not submitted a completed motion to proceed in forma pauperis, the motion for leave to proceed in forma pauperis, dkt. #2 , is denied as presented. The clerk is instructed to include a blank form to proceed without the prepayment with the filing fees along with the plaintiff's copy of this Entry. Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 9/17/2018. (Attachments: #1 Form - Request to Proceed in District Court Without Prepaying the Filing Fee) (NAD)
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| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 3 NOTICE of Manual Filing by GARRY A. CLARK (Attachments: #1 Exhibit - Slam Risks Notebook) (REO) Modified on 9/13/2018 (REO). |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff GARRY A. CLARK. (REO) |
| Filing 1 COMPLAINT against R. ALEXANDER ACOSTA, BUZZI UNICEM S.P.A., BUZZI UNICEM USA, INC., filed by GARRY A. CLARK. (No fee paid with this filing) (Attachments: #1 Supplement 1, #2 Supplement 2, #3 Exhibit - Dismissal and Notice of Rights, #4 Exhibit /Exhibits, #5 Exhibit 1-10, #6 Exhibit 11-24, #7 Exhibit 25-43, #8 Exhibit 44-48, #9 Exhibit - witness list, #10 Civil Cover Sheet, #11 Notice of Lawsuit and Waiver of Service of Summons)(REO) |
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