RIGGINS v. SAMPSON et al
| LESTER RIGGINS |
| KIMBERLIE D. SAMPSON and AMERICAN SENIOR COMMUNITIES |
| 1:2019cv01247 |
| March 27, 2019 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| James R Sweeney |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 2, 2019. A more recent docket listing may be available from PACER.
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| Filing 18 CLOSED JUDGMENT. Judgment - This action is dismissed without prejudice under Federal Rule of Civil Procedure 41(a). (Copy to Plaintiff via U.S. Mail) Signed by Judge James R. Sweeney II on 7/2/2019.(JDC) |
Filing 17
Order - Plaintiff Lester Riggins has filed a Motion to Dismiss Without Prejudice under Federal Rule of Civil Procedure 41(a). The defendants have not yet been served with process. Thus, no answer or motion for summary judgment has been served at this time. The Motion to Dismiss Without Prejudice ECF No. #16 is granted. This action is dismissed without prejudice under Fed. R. Civ. P. 41(a). Copy to Plaintiff via U.S. Mail) Signed by Judge James R. Sweeney II on 7/2/2019. (JDC)
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| Filing 16 MOTION to Dismiss, filed by Plaintiff LESTER RIGGINS. (Attachments: #1 Envelope)(JDC) |
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Filing 15
ORDER - For the stated reasons, the Court: (1) GRANTS Plaintiff's motions to proceed in forma pauperis (ECF Nos. #2 and #3 ), to the extent that Plaintiff is assessed an initial partial filing fee of One Dollar and Forty Cents ($1.40). Plaintiff shall have through June 24, 2019, in which to pay this sum to the clerk of the district court; (2) DENIES the Motion for Reconsideration (ECF No. #9 ); (3) GRANTS Plaintiff's Motion for Leave to Amend (ECF No. #11 ) and DEEMS Plaintiff's ECF Filing No. 11-1 the Amended Complaint; (4) DISMISSES the federal claims alleged in the Amended Complaint for failure to state a claim upon which relief can be granted; (5) DECLINES to exercise supplemental jurisdiction over the state law claims alleged in the Amended Complaint and DISMISSES the state law claims WITHOUT PREJUDICE; (6) DENIES Plaintiff's Motion to Deny Motion to Dismiss (ECF No. #12 ); (7) DENIES Plaintiff's Motion for Leave to Amend (ECF No. #14 ); and (8) ALLOWS Plaintiff through June 24, 2019 to show cause why Judgment consistent with this Order should not issue (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge James R. Sweeney II on 5/23/2019. Copy to Plaintiff via US Mail. (DWH)
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| Filing 14 MOTION to Amend Complaint, filed by Plaintiff LESTER RIGGINS. (Attachments: #1 Envelope)(JDC) |
| Filing 13 Submission of Statement of Jurisdiction, filed by Plaintiff LESTER RIGGINS. (Attachments: #1 Envelope)(DWH) |
| Filing 12 MOTION to Deny Motion to Dismiss, filed by Plaintiff LESTER RIGGINS. (Attachments: #1 Exhibits, #2 Envelope). (MAC) |
| Filing 11 MOTION to Amend Complaint, filed by Plaintiff LESTER RIGGINS. (Attachments: #1 attachment, #2 Exhibit, #3 affidavit, #4 Envelope)(JDC) |
| Filing 10 RESPONSE, re #6 Order to Show Cause, filed by Plaintiff LESTER RIGGINS. (Attachments: #1 attachment e, #2 Envelope)(JDC) |
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Filing 8
ORDER - NOTICE TO PRO SE LITIGANTS : The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. Pro se litigants should read this Notice carefully before filing anything further with the Court. All litigants are expected to comply with the Federal Rules of Civil Procedure and this Court's Local Rules. Therefore, the rules and procedures contained in this Notice are not all of the rules pro se litigants must follow. *SEE ORDER FOR ADDITIONAL INFORMATION* (Copy to Plaintiff via U.S. Mail) Signed by Judge James R. Sweeney II on 4/30/2019.(JDC)
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| Filing 9 MOTION for Reconsideration re #7 Order on Motion, filed by Plaintiff LESTER RIGGINS. (Attachments: #1 Envelope)(JDC) |
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Filing 7
Order - Pro se Plaintiff Lester Riggins requests a copy of the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, and the Pro Se Handbook, explaining that he does not have access to the Internet to obtain the documents from the court's website. Riggins is currently housed at the Marion County Jail. Therefore, his request ECF No. #5 is denied without prejudice because he has not alleged that he lacks access to a jail law library or to federal rule books. (Copy to Plaintiff via U.S. mail) Signed by Judge James R. Sweeney II on 4/17/2019. (JDC)
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Filing 6
ORDER TO SHOW CAUSE - Plaintiff Lester Riggins filed a complaint against Defendants Kimberlie D. Sampson, C.N.A., and American Senior Communities, North Capitol, alleging injuries due to an alleged sexual assault on Riggins while he was at the defendant residential rehabilitation facility. He alleges violations of the First, Fourth, and Fourteenth Amendments to the U.S. Constitution, several other federal statutes such as the Civil Rights Act of 1964, as well as state law. Plaintiff has moved for leave to proceed with this action in forma pauperis. The plaintiff shall have through May 9, 2019, to file an amended complaint or otherwise show cause why his complaint should not be dismissed for lack of subject-matter jurisdiction. In doing so, he must clearly identify the federal constitutional or statutory provision giving rise to his claims and/or the state of each defendant's citizenship for purposes of diversity jurisdiction. Failure to do so in the time allotted will result in the dismissal of this action without further notice or opportunity to show cause. The Court will defer ruling on Plaintiff's motions to proceed in forma pauperis until subject-matter jurisdiction is established. ***SEE ORDER FOR ADDITIONAL INFORMATION*** (Copy to Plaintiff via U.S. Mail) Signed by Judge James R. Sweeney II on 4/9/2019.(JDC)
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| Filing 5 MOTION For FRCP handbook, filed by Plaintiff LESTER RIGGINS. (Attachments: #1 Envelope)(JDC) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MAC) |
| Filing 3 MOTION (Application) for Leave to Proceed in forma pauperis, filed by Plaintiff LESTER RIGGINS. (Attachments: #1 Account Summary, #2 Envelope). (MAC) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff LESTER RIGGINS. (Attachments: #1 Envelope). (MAC) |
| Filing 1 COMPLAINT against AMERICAN SENIOR COMMUNITIES, KIMBERLIE D. SAMPSON, filed by LESTER RIGGINS. (No fee paid with this filing). (Attachments: #1 Exhibit A - Statement of Facts, #2 Exhibit B - Statement of Facts, #3 Exhibit D Damages, #4 Exhibit Police Report, #5 Proposed Summons and USM 285 forms). (MAC) (Additional attachment(s) added on 3/28/2019: #6 Envelope) (MAC). |
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