SIMMONS v. DEPARTMENT CHILD SERVICE
| TERESA SIMMONS |
| DEPARTMENT CHILD SERVICE |
| 1:2019cv03094 |
| July 24, 2019 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| Jane Magnus-Stinson |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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| Document Text |
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Filing 6
ORDER - For the reasons stated in the Order, Plaintiff's Amended Complaint, #5 , is DISMISSED WITHOUT PREJUDICE. The Court will permit Ms. Simmons one final opportunity to amend her complaint to state a claim for which relief may be granted. Ms. Simmons may file a Second Amended Complaint that complies with Rule 8 (setting forth a "short and plain statement of the claim showing that [she] is entitled to relief," Ashcroft, 556 U.S. at 677-78) on or before October 15, 2019. The failure to file a Second Amended Complaint that states a legally cognizable claim by that date will result in dismissal of this action. (See Order). Copy to Teresa Simmons via U.S. mail. Signed by Judge Jane Magnus-Stinson on 9/13/2019.(JDH)
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| Filing 5 AMENDED COMPLAINT against DEPARTMENT CHILD SERVICE, filed by TERESA SIMMONS.(JDH) |
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Filing 4
ORDER - Plaintiff Teresa Simmons has filed a Complaint without prepaying the filing fee. This Order addresses her Motion for Leave to Proceed in Forma Pauperis, [Filing No. 2], screens her Complaint, [Filing No. 1], and directs further proceedings. The court GRANTS Ms. Simmons' Motion for Leave to Proceed In Forma Pauperis #2 and DISMISSES her Complaint. Dismissal of the Complaint will not result in dismissal of this lawsuit at this time. Rather, if Ms. Simmons believes she has a reasonable basis for amending her Complaint to bring claims against a defendant other than the Indiana Department of Child Services, she may file an Amended Complaint on or before September 3, 2019. As noted above, any claims may not request an alteration of child custody. Furthermore, any Amended Complaint must contain only a "short and plain statement" of the basis for Ms. Simmons' claim, the basis for this Court's jurisdiction, and the relief sought. If Ms. Simmons files an Amended Complaint as set forth herein, it will again be screened for legal sufficiency. If she does not, this matter will be dismissed without further notice. (See Order). Copy to Teresa Simmons via U.S. mail. Signed by Judge Jane Magnus-Stinson on 8/1/2019. (JDH)
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| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff TERESA SIMMONS. (REO) |
| Filing 1 COMPLAINT against DEPARTMENT CHILD SERVICE, filed by TERESA SIMMONS. (No fee paid with this filing) (Attachments: #1 Exhibit)(REO) |
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| Plaintiff: TERESA SIMMONS | |
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| Defendant: DEPARTMENT CHILD SERVICE | |
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