A. T. v. MARION COUNTY DEPT. OF CHILD SERVICES et al
| A. T. |
| TERRY STIGDON, BETH DICKERSON, IAN MULLER, VIVIAN TODD-SCOTT, VIRGINIA HICKS, ROCHEENA WRIGHT, JAMICA TUCKER, MARION COUNTY DEPT. OF CHILD SERVICES, WILBERT L. WALTON and VALERIE KINCY |
| 1:2019cv01260 |
| March 28, 2019 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| James R Sweeney |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 21, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 21 Emergency MOTION For Expedited Consideration, filed by Plaintiff A. T.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(JDC) |
| Filing 20 NOTICE of Change of Address for A. T.. (JDC) |
| Filing 19 MOTION To Correct Error and Renewal of Declaratory and Injunctive Relief, filed by Plaintiff A. T.. (No Signature) (JDC) |
| Filing 18 Mail Returned as undeliverable. #17 Order on Motion Order on Motion to Appoint Counsel sent to A. T. (Forwarding Order has Expired) (CKM) |
Filing 17
ORDER - Plaintiff's Motion for Expedited Consideration ECF No. #13 is denied, and Plaintiff's Motion for Appointment of Counsel ECF No. #14 is denied without prejudice to Plaintiff renewing his request after making a reasonable effort to obtain counsel on his own and after the stay of the damages claims is lifted. To allow the Clerk to issue process to the defendants, Plaintiff is ordered to provide the defendants' addresses to the Clerk of Court no later than June 14, 2019. (Copy to Plaintiff via U.S. Mail) Signed by Judge James R. Sweeney II on 5/16/2019. (JDC)
|
|
Filing 16
Amended Order Addressing Younger Abstention - Accordingly, the Court will abstain from interfering in the ongoing state CHINS proceedings and DISMISSES Plaintiff's claims for declaratory relief and STAYS Plaintiff's claims for damages until after completion of the state court CHINS proceeding. Plaintiff is ORDERED to notify the Court within thirty days of the completion of the state court CHINS proceedings. The Clerk is directed to correct the docket to reflect that the Amended Com-plaint is brought by Plaintiff Christopher Tewell and Valerie Kincy, Supervisor has been added as a defendant. ***SEE ORDER FOR ADDITIONAL INFORMATION*** (Copy to Plaintiff via U.S. Mail) Signed by Judge James R. Sweeney II on 5/16/2019.(JDC)
|
| Filing 15 AMENDED COMPLAINT filed by Christopher Tewell. (Attachments: #1 Exhibit)(JDC) Modified on 5/16/2019 (JDC). |
| Filing 14 MOTION to Appoint Counsel, filed by Plaintiff A. T.. (JDC) |
| Filing 13 MOTION For Expedited Consideration, filed by Plaintiff A. T.. (JDC) |
|
Filing 12
Order - The Court concludes that it lacks subject-matter jurisdiction over this action and this action therefore should be DISMISSED under 28 U.S.C. 1915(e)(2)(B). For the reasons stated, the Emergency Petition for Writ of Habeas Corpus and Temporary Restraining Order ECF No. #3 is denied, the Motion Requesting Counsel for Minor Child ECF No. #5 is denied, the Emergency Motion for Hearing ECF No. #7 is denied, and the Motion for Leave to File Amended Complaint ECF No. #9 is denied. Nonetheless, Mr. Tewell shall have through April 30, 2019, to file an amended complaint that corrects the deficiencies noted above or otherwise show cause why this action should not be dismissed for lack of subject matter jurisdiction. ***SEE ORDER FOR ADDITIONAL INFORMATION*** (Copy to Plaintiff via U.S. Mail) Signed by Judge James R. Sweeney II on 4/11/2019. (JDC)
|
| Filing 11 Mail Returned as undeliverable. Forward time expired return to send, Tewell. (2587 Fernview Ct, Cincinnati, OH 45232) #8 Order on Motion for Leave to Proceed in forma pauperis sent to A. T.. (JDC) |
| Filing 10 Mail Returned as undeliverable. Forward time expired, return to send (2587 Fernview Ct, Cincinnati, OH 45212) #4 Magistrate Judge's Notice of Availability to Exercise Jurisdiction sent to A. T.. (JDC) |
| Filing 9 MOTION for Leave to File Amended Complaint, filed by Plaintiff A. T.. (Attachments: #1 amended complaint, #2 Exhibit to amended complaint)(JDC) |
|
Filing 8
Order - Plaintiff's Motion to Proceed In Forma Pauperis, ECF No. #2 , is GRANTED. 28 U.S.C. 1915(a). While in forma pauperis status allows the plaintiff to proceed without pre-payment of the filing fee, the plaintiff remains liable for the full fees. The Court does not have the authority to waive the filing fee, and it remains due despite Plaintiff's in forma pauperis status. The filing fee for in forma pauperis litigants is $350. See USDC Fee Schedule at https://www.insd.uscourts.gov/fees-financial-information (stating that the $400 filing fee includes a $50 administrative fee, but that the administrative fee "does not apply to...persons granted in forma pauperis status under 28 U.S.C. 1915"). Immediate payment is not required; however, the $350 balance remains owing. (Copy to Plaintiff via U.S. Mail) Signed by Judge James R. Sweeney II on 4/1/2019. (JDC)
|
| Filing 7 MOTION for Emergency Hearing on Preliminary Injunction, T.R.O. and Writ of Habeas Corpus, filed by Plaintiff A. T. c/o Christopher Tewell (JDC) |
| Filing 5 MOTION Requesting Counsel for Minor Child, filed by Christopher Tewell on behalf of Plaintiff A.T. (JDH) Modified on 4/1/2019 (JDH). |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 3 MOTION (Petition for Writ of Habeas Corpus), MOTION for Temporary Restraining Order filed by Plaintiff, A. T.. (DJH) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff, A. T.. (DJH) |
| Filing 1 COMPLAINT against BETH DICKERSON, VIRGINIA HICKS, MARION COUNTY DEPT. OF CHILD SERVICES, IAN MULLER, TERRY STIGDON, VIVIAN TODD-SCOTT, JAMICA TUCKER, WILBERT L. WALTON, ROCHEENA WRIGHT, filed by A. T.. (No fee paid with this filing) (Attachments: #1 Exhibits A-E including court records, DCS documents, letters, reports)(DJH) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Indiana Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
