NORINGTON v. ZOLEY et al
| LAKESHA NORINGTON |
| KRUL, GEORGE C. ZOLEY, M. LOGAN, MS. AUTER, G. NEMERE, SULT, SERGEANT CROSS, OFFICER GROCE, MANAGER HUBER, ROBERT E CARTER, JR., NEW CASTLE CORRECTIONAL FACILITY DEPUTY CHIEF INVESTIGATOR OF INTERNAL AFFAIRS, SERGEANT YOUNG, SERGEANT LAWSON, OFFICER ADKINS, DRISCOLL, L. STORMS, MRS. JONES, ROBIN BLAIR, ASR J FRENCH, OFFICER GOAD, T. THOMPSON, WEXFORD HEALTH SOURCES INCORPORATED, R. DAVIS, J. PRUIS, DR. HARMANNARY, OFFICER SNIDER, OFFICER RITCHIE, M WRIGHT, OFFICER FLEENER, INDIANA POLITICAL RISK MANAGER COMMISSION COMMISSIONER, KEITH BUTTS, OFFICER BOGGS, OFFICER BATES, M. WIGAL, S. FITCH, LT LABOUTIN and D. MULLINS |
| 1:2019cv01185 |
| March 25, 2019 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 26 NOTICE of Change of Address for LAKESHA NORINGTON. (Attachments: #1 Envelope) (JDH) |
Filing 25
Order Denying Leave to Proceed In Forma Pauperis on Appeal - The Court has construed plaintiff's June 24, 2019, filing as a notice of appeal. An appeal may not be taken in forma pauperis if the trial court certifies that the appeal is not taken in good faith. 28 U.S.C. 1915(a)(3); see Coppedge v. United States, 369 U.S. 438 (1962). "Good faith" within the meaning of 1915 must be judged by an objective, not a subjective, standard. Id. There is no objectively reasonable argument the plaintiff could present to argue that the disposition of this action was erroneous. In pursuing an appeal, therefore, the plaintiff "is acting in bad faith... [because] to sue in bad faith means merely to sue on the basis of a frivolous claim, which is to say a claim that no reasonable person could suppose to have any merit." Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000). Accordingly, any appeal is not taken in good faith, and to the extent Ms. Norington seeks leave to proceed on appeal in forma pauperis, the request is denied. Copies to Lakesha Norington and Gregory A. Kummerlen via U.S. mail. Signed by Judge Jane Magnus-Stinson on 6/27/2019.(JDH)
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Filing 24
Order Denying Petition to Transfer and Directing Clerk to Treat the Filing as a Notice of Appeal - This action was closed and final judgment entered on April 25, 2019, and a motion to reconsider was denied on May 24, 2019. The plaintiff has now filed a "Petition to Transfer" which argues this Court erred in its analysis and requests transfer to the Seventh Circuit Court of Appeals. Dkt. 23, p. 4. The "Petition to Transfer," dkt. #23 , is denied, as there is no such remedy available. Because this Court must construe pro se papers liberally, see Cesal v. Moats, 851 F.3d 714, 720 (7th Cir. 2017), the Court construes the plaintiff's filing as a notice of appeal and directs the clerk to act accordingly. Copy to Lakesha Norington and Gregory A. Kummerlen via U.S. mail. Signed by Judge Jane Magnus-Stinson on 6/26/2019. (JDH)
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| Filing 23 PETITION for Transfer, filed by Plaintiff LAKESHA NORINGTON. (Attachments: #1 Cover Sheet, #2 Envelope)(JDH) |
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Filing 22
Order Denying Motion for Reconsideration - Plaintiff Lakesha Norington seeks reconsideration of the Court's Order dismissing this action and directing the entry of final judgment. She contends the Court erred in its interpretation of the Seventh Circuit's order barring her from filing civil suits in the courts of the Seventh Circuit. See dkt. #19 . Construing the Seventh Circuit's order literally, Norington argues that she did not file her civil suit in a court of the Seventh Circuit, and therefore the sanction order does not apply to her. She made the same argument when she responded to the Court's March 29, 2019, Show Cause Order directing her to show cause why this action should not be dismissed. See dkt. #18 . This Court addressed and rejected that argument in its Order dismissing this action. Dkt. 19. Moreover, the Seventh Circuit's order prohibits Norington from filing any papers in Seventh Circuit courts. In Norington v. Wolfe, No. 1:13-cv-01040-RLY-DML (S.D. Ind. June 21, 2016), Norington's state court action was removed to this Court and dismissed because the restriction on filing any papers would make it impossible for her to prosecute her suit. The same prohibition applies here, and Norington offers no credible justification why it should not. The motion for reconsideration, dkt. #21 , is denied. Copies to Lakesha Norington and Gregory A. Kummerlen via U.S. mail. Signed by Judge Jane Magnus-Stinson on 5/30/2019. (JDH)
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| Filing 21 MOTION for Reconsideration re #19 Order, #20 Final Judgment, filed by Plaintiff LAKESHA NORINGTON. (Attachments: #1 Envelope)(JDH) |
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Filing 20
FINAL JUDGMENT - The Court having this day made its Order directing the entry of final judgment, now enters FINAL JUDGMENT. This action was dismissed without prejudice. Copies to Lakesha Norington and Gregory A. Kummerlen via U.S. mail. Signed by Judge Jane Magnus-Stinson on 4/25/2019.(JDH)
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Filing 19
Order Dismissing Action and Directing Entry of Final Judgment - Because Norington is prohibited from filing any papers in the courts of the Seventh Circuit, she will be unable to prosecute this action. For this reason, this action is dismissed without prejudice and final judgment will enter. (See Order). Copies to Lakesha Norington and Gregory A. Kummerlen via U.S. mail. Signed by Judge Jane Magnus-Stinson on 4/25/2019.(JDH)
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| Filing 18 RESPONSE to #17 Order to Show Cause, filed by Plaintiff LAKESHA NORINGTON. (Attachments: #1 Envelope)(JDH) |
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Filing 17
Order for Plaintiff to Show Cause Why Action Should not be Dismissed - Because this is a removed action, with the filing fee paid by defendants, the three-strikes bar of Section 1915(g) is inapplicable. However, the Seventh Circuit filing restriction is applicable, and will prevent Norington from submitting any papers to prosecute this action. Accordingly, plaintiff Lakesha Norington shall show cause no later than April 23, 2019, why this action should not be dismissed, specifically demonstrating why she should be permitted to submit and file papers despite the Seventh Circuit's order on June 6, 2016, preventing the filing of any papers. The failure to submit a response to this show cause order by April 23, 2019, will result in the dismissal of this action without further notice. (See Order). Copies to Lakesha Norington and Gregory A. Kummerlen via U.S. mail. Signed by Judge Jane Magnus-Stinson on 3/29/2019.(JDH)
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| Filing 16 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JDH) |
| Filing 15 Case transferred in from District of Florida Southern; Case Number 9:19-cv-80164. Original file copy of transfer order and docket sheet received. |
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Filing 14
ORDER Transferring Case to the Southern District of Indiana; granting in part and denying in part #6 Motion to Dismiss; granting in part and denying in part #8 Motion to Dismiss. Venue in the above styled action is transferred to the Southern District of Indiana. To the extent not otherwise disposed of, any scheduled hearings are CANCELED, all pending motions are DENIED as moot, and all deadlines are terminated. Signed by Judge Beth Bloom on 3/22/2019. See attached document for full details. (jas) [Transferred from Florida Southern on 3/25/2019.]
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| Filing 13 PLAINTIFF'S TRAVERSE REPLY OBJECTION TO DEFENDANT'S re #6 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), OR IN THE ALTERNATIVE, MOTION TO TRANSFER VENUE, #8 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), OR IN THE ALTERNATIVE, MOTION TO TRANSFER VENUE filed by LaKesha Norington. Replies due by 3/26/2019. (drz) [Transferred from Florida Southern on 3/25/2019.] |
| Filing 12 Plaintiff's Traverse, Reply and Objection to Defendant's Motion to Dismiss re #6 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), OR IN THE ALTERNATIVE, MOTION TO TRANSFER VENUE filed by LAKESHA NORINGTON. Replies due by 3/20/2019. (drz) [Transferred from Florida Southern on 3/25/2019.] |
| Filing 11 Notice of Jury Demand by LAKESHA NORINGTON (drz) [Transferred from Florida Southern on 3/25/2019.] |
| Filing 10 Plaintiff's Reply, Objection and Traverse to Defendant's Notice of Removal to #6 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), OR IN THE ALTERNATIVE, MOTION TO TRANSFER VENUE, #8 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), OR IN THE ALTERNATIVE, MOTION TO TRANSFER VENUE by LAKESHA NORINGTON. (drz) [Transferred from Florida Southern on 3/25/2019.] |
| Filing 9 Notice of Filing Mail Document Receipt Verification Form by LAKESHA NORINGTON. (drz) Modified title text on 2/26/2019 (asl). [Transferred from Florida Southern on 3/25/2019.] |
| Filing 8 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), OR IN THE ALTERNATIVE, MOTION TO TRANSFER VENUE by Keith Butts, J. French, DRISCOLL, M. Logan, M Wright, Robin Blair, R Davis, T Thompson, Krul, Sult, Laboutin, Jones. Attorney Gregory A. Kummerlen added to party Keith Butts(pty:dft), Attorney Gregory A. Kummerlen added to party J. French(pty:dft), Attorney Gregory A. Kummerlen added to party DRISCOLL(pty:dft), Attorney Gregory A. Kummerlen added to party M. Logan(pty:dft), Attorney Gregory A. Kummerlen added to party M Wright(pty:dft), Attorney Gregory A. Kummerlen added to party Robin Blair(pty:dft), Attorney Gregory A. Kummerlen added to party R Davis(pty:dft), Attorney Gregory A. Kummerlen added to party T Thompson(pty:dft), Attorney Gregory A. Kummerlen added to party Krul(pty:dft), Attorney Gregory A. Kummerlen added to party Sult(pty:dft), Attorney Gregory A. Kummerlen added to party Laboutin(pty:dft), Attorney Gregory A. Kummerlen added to party Jones(pty:dft). Responses due by 3/8/2019 (Attachments: #1 Exhibit A-Plaintiff's Notice of Personal Injury Tort, #2 Exhibit B-Pacer Case Locator, #3 Exhibit C-Order dated 4/10/14 (Case No. 3:14-cv-00661), #4 Exhibit D-Order dated 8/4/14 (Case No. 3:14-cv-01756))(Kummerlen, Gregory) [Transferred from Florida Southern on 3/25/2019.] |
| Filing 7 NOTICE by George C. Zoley re #4 Order Requiring Joint Scheduling Report, Set Answer Due Deadline OF FILING CONSENT TO REMOVAL (Kummerlen, Gregory) [Transferred from Florida Southern on 3/25/2019.] |
| Filing 6 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), OR IN THE ALTERNATIVE, MOTION TO TRANSFER VENUE by George C. Zoley. Responses due by 2/27/2019 (Attachments: #1 Exhibit A-Plaintiff's Notice of Personal Injury Tort, #2 Exhibit B-Pacer Case Locator, #3 Exhibit C-Order dated 4/10/14 (Case No. 3:14-cv-00661), #4 Exhibit D-Order dated 8/4/14 (Case No. 3:14-cv-01756))(Kummerlen, Gregory) [Transferred from Florida Southern on 3/25/2019.] |
| Filing 5 NOTICE by George C. Zoley re #4 Order Requiring Joint Scheduling Report, Set Answer Due Deadline OF FILING (Attachments: #1 Docket Sheet Circuit Court Docket Sheet) (Kummerlen, Gregory) [Transferred from Florida Southern on 3/25/2019.] |
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Filing 4
ORDER ON POST-REMOVAL PROCEDURES, AND REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Signed by Judge Beth Bloom on 2/6/2019. See attached document for full details. (drz) Modified signature date on 2/8/2019 (asl).[Transferred from Florida Southern on 3/25/2019.]
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| Filing 3 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (drz) [Transferred from Florida Southern on 3/25/2019.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom and Magistrate Judge Bruce E. Reinhart. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (drz) [Transferred from Florida Southern on 3/25/2019.] |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-11369974, filed by George C. Zoley. (Attachments: #1 Exhibit A-Plaintiff's Summons and Complaint, #2 Exhibit B-Prisoner Petition to Proceed In Forma Pauperis, #3 Civil Cover Sheet)(Kummerlen, Gregory) [Transferred from Florida Southern on 3/25/2019.] |
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