LUKINS v. COX et al
| MARK A LUKINS and MARK A. LUKINS |
| DOUG COX, DUANE BURGESS, JOHN DOE, C.O. OFFICER ANDREWS, C.O. RYAN BLAKER, RYAN BLAKER and OFFICER ANDREWS |
| 1:2018cv03969 |
| December 17, 2018 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| James R Sweeney |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Filing 12 Transfer Letter to the Clerk of the Johnson County Court. Copies of case documents and docket enclosed. (JDC) |
Filing 11
CLOSED JUDGMENT - The Court having this day made its Order directing the entry of final judgment, now enters FINAL JUDGMENT. This action was dismissed for lack of federal court subject matter jurisdiction and remanded to Johnson County (Indiana) Superior Court No. 4. (Copy to Plaintiff via U.S. Mail) Signed by Judge James R. Sweeney II on 2/12/2019. (JDC)
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Filing 10
Order Remanding Case to State Court - The Court dismissed the complaint as it pertained to federal constitutional claims, but that dismissal had no effect on any remaining state law claims. Accordingly, this action is dismissed without prejudice in this Court and the matter remanded to the state court. As required by 28 U.S.C. 1447(c), the Clerk shall mail a certified copy of this remand order to the Clerk of the Johnson County Superior Court 4 at the address shown in the distribution list below. The clerk shall close this action on the docket. Final judgment consistent with this Order shall now enter. (Copy to Plaintiff via U.S. Mail). Signed by Judge James R. Sweeney II on 2/12/2019.(JDC)
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| Filing 9 CONSENT to Jurisdiction to US Magistrate Judge by MARK A. LUKINS. (Attachments: #1 Envelope)(JDC) |
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Filing 8
Order Screening and Dismissing Complaint and Allowing Plaintiff Opportunity to File an Amended Complaint - Despite the complaint before the Court containing a blank page, the Court has assessed Mr. Lukins's contentions and found no viable federal constitutional claims. The complaint has been dismissed. The Court will allow Mr. Lukins to file an amended complaint no later than February 4, 2019, if he believes he can state a viable claim under 42 U.S.C. 1983. In submitting an amended complaint, Mr. Lukins must comply with Federal Rule of Civil Procedure 8(a) and plead a short and plain statement of his claims that show entitlement to relief. If an amended complaint is not filed by February 4, 2019, this action shall be dismissed for failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. 1915A. Such a dismissal will have no effect on any potential state law claims contained in the complaint. Because a dismissal on this ground is for lack of subject matter jurisdiction, the action would be then remanded pursuant to 28 U.S.C. 1447(c) to the Johnson County Superior Court for further proceedings. (Copy to Plaintiff via U.S. Mail) Signed by Judge James R. Sweeney II on 12/28/2018. (JDC)
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| Filing 7 Submission of VERIFIED NOTICE TO COURT AS TO REMOVAL PLEADINGS AND SUBMISSION OF CORRECTED ATTACHMENTS, filed by Defendants OFFICER ANDREWS, RYAN BLAKER, DUANE BURGESS, DOUG COX, JOHN DOE. (Attachments: #1 State Court Record (Corrected State Court Record to Removal Pleadings)(CCS, Complaint, Motion for Fee Waiver, Order on Fee Waiver, Order on Recusal, Appearance), #2 Supplement (Corrected State Court Complaint Attachment to Removal Pleadings))(Layden, Daniel) Modified on 12/27/2018 (JDC). |
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Filing 6
Order Regarding Removed Action and Defendants' Motion for an Extension of Time This action was filed in state court and removed to this Court on December 17, 2018. Defendants' motion for an extension of time to file a responsive pleading, dkt. #5 , is granted to their response will be due twenty-eight days after the Court's screening order is filed. The state court complaint has not been attached to the notice of removal as a completely separate attachment as required by Southern District of Indiana Local Rule 81-2(c). When defendants correct this deficiency, they must ensure all pages of the complaint are legible. As currently submitted, the entire state court record attachment to the notice of removal contains a complaint, but two pages of the complaint are blank. This deficiency must be corrected no later than December 26, 2018. (Copy to Plaintiff via U.S. Mail). Signed by Judge James R. Sweeney II on 12/20/2018. (JDC)
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| Filing 5 MOTION for Extension of Time to February 1, 2019 to Respond to Complaint, filed by Defendants OFFICER ANDREWS, RYAN BLAKER, DUANE BURGESS, DOUG COX, JOHN DOE. (Attachments: #1 Text of Proposed Order)(Layden, Daniel) Modified on 12/19/2018 (JDC). |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 3 NOTICE of Appearance by William W. Barrett on behalf of Defendants OFFICER ANDREWS, RYAN BLAKER, DUANE BURGESS, DOUG COX, JOHN DOE. (Barrett, William) |
| Filing 2 NOTICE of Appearance by Daniel Joseph Layden on behalf of Defendants OFFICER ANDREWS, RYAN BLAKER, DUANE BURGESS, DOUG COX, JOHN DOE. (Layden, Daniel) |
| Filing 1 NOTICE OF REMOVAL from Johnson Superior Court No. 4, case number 41D04-1811-MI-000293, filed by OFFICER ANDREWS, JOHN DOE, DUANE BURGESS, DOUG COX, RYAN BLAKER. (Filing fee $400, receipt number 0756-5200065) (Attachments: #1 Exhibit State Court Record (Complaint, Motion for Fee Waiver, Order on Fee Waiver, Order of Recusal, Appearance of William W. Barrett and Daniel J. Layden), #2 Civil Cover Sheet)(Layden, Daniel) |
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