HULL v. ZATECKY
| RICHARD EDWARD HULL |
| DUSHAN ZATECKY |
| 1:2019cv03697 |
| August 29, 2019 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| Jane Magnus-Stinson |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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This docket was last retrieved on September 11, 2019. A more recent docket listing may be available from PACER.
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Filing 9
CLOSED DISMISSED - ORDER - The plaintiff's motion to dismiss, dkt. #8 , is treated as a notice of dismissal. No judgment is required under these circumstances. The clerk is directed to terminate the motion at dkt. #8 and close this action on the docket. Signed by Judge Jane Magnus-Stinson on 9/11/2019.(JDH)
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| Filing 8 MOTION to Dismiss, filed by Plaintiff RICHARD EDWARD HULL. (JDH) |
| Filing 7 CONSENT to Jurisdiction to US Magistrate Judge by RICHARD EDWARD HULL. (JDH) |
| Filing 6 NOTICE to Pro se Litigant - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. (MEH) |
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Filing 5
ORDER GRANTING IN FORMA PAUPERIS STATUS, DISMISSING COMPLAINT, AND DIRECTING FURTHER PROCEEDINGS - The plaintiff's motion to proceed in forma pauperis, dkt. #3 , is granted. The plaintiff's complaint must be dismissed as frivolous because it is "'lack[ing] an arguable basis either in law or in fact.'" Felton v. City of Chicago, 827 F.3d 632, 635 (7th Cir. 2016) (quoting Neitzke v. Williams, 490 U.S. 319, 325 (1989)). The plaintiff bases his claim on hisalleged status of secured party creditor and other sovereign citizen arguments. Similar arguments have been universally rejected as frivolous. See United States v. Benabe, 654 F.3d 753, 767 (7th Cir. 2011). None of the plaintiff's allegations indicate that he attempted to pay his restitution obligation in full but was denied. For these reasons, the Court dismisses the Complaint pursuant to 28 U.S.C. 1915A(b)(1) as frivolous. The plaintiff shall have through September 30, 2019, in which to show cause why Judgment consistent with this Order should not issue. (See Order). Signed by Judge Jane Magnus-Stinson on 8/30/2019. (JDH)
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| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff RICHARD EDWARD HULL. (Attachments: #1 Exhibit Certificate of Prisoner Account)(AKH) |
| Filing 2 COMPLAINT against DUSHAN ZATECKY, filed by RICHARD EDWARD HULL. (No fee paid with this filing) (AKH) |
| Filing 1 CONSENT to Prisoner E-Service by RICHARD EDWARD HULL located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by RICHARD EDWARD HULL to the court for filing will generate a Notice of Electronic Filing that will constitute official service upon registered users of CM/ECF. If any parties to the case are not registered CM/ECF users, the Clerk of the Court will mail the document via U.S. Postal Service on behalf of the inmate. NOTE: The E-Filing Program does not affect the obligation of other parties to serve copies of documents in accordance with the Federal Rules of Civil Procedure. (AKH) |
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| Defendant: DUSHAN ZATECKY | |
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