MAPES v. MAGNUSON et al
ERIC J. MAPES |
DEPUTY CLERK and STEVEN MAGNUSON |
1:2020cv00030 |
January 6, 2020 |
US District Court for the Southern District of Indiana |
Tim A Baker |
Jane Magnus-Stinson |
Civil Rights: Other |
28 U.S.C. ยง 1331 |
Plaintiff |
Docket Report
This docket was last retrieved on February 20, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 6 CLOSED JUDGMENT - FINAL JUDGMENT PURSUANT TO FED. R. CIV. P. 58 - For the reasons set forth in the Courts Order entered this day, the Court now enters FINAL JUDGMENT and DISMISSES Plaintiffs Complaint WITH PREJUDICE for failure to state a claim upon which relief can be granted. Copy to Eric J. Mapes via U.S. mail. Signed by Judge Jane Magnus-Stinson on 2/20/2020.(JDH) |
Filing 5 ORDER - Plaintiff filed this matter on January 6, 2020 [Filing No. 1]. On January 16, 2020, the Court screened Plaintiffs Complaint pursuant to 28 U.S.C. 1915(e)(2) and determined that the Complaint fails to state a claim on which relief can be granted [Filing No. 4 at 2, 6]. The Court directed Plaintiff to file an amended complaint on or before February 18, 2020 to address the noted deficiencies, and warned Plaintiff that this action would be dismissed if he failed to do so. Plaintiff neither filed an amended complaint by the February 18, 2020 deadline nor sought an extension of that deadline. Therefore, final judgment will now issue DISMISSING THIS ACTION WITH PREJUDICE for failure to state a claim on which relief can be granted. Copy to Eric J. Mapes via U.S. mail. Signed by Judge Jane Magnus-Stinson on 2/20/2020.(JDH) |
Filing 4 ENTRY GRANTING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, SCREENING COMPLAINT, AND DIRECTING FURTHER PROCEEDINGS - 28 U.S.C. 1915(a) permits the Court to authorize a plaintiff to file a lawsuit without prepayment of fees if the plaintiff submits an affidavit demonstrating that he lacks the assets to pay the filing fee at this time. 28 U.S.C. 1915(a)(1). Mr. Mapes Motion to Proceed In Forma Pauperis meets this standard and is therefore GRANTED. Mr. Mapes Complaint fails to state a claim for relief. Consistent with the Seventh Circuits repeated holding that the usual practice in civil casesparticularly those involving pro se plaintiffsis to allow defective pleadings to be corrected, especially in the early stages, at lease where amendment would not be futile, Stoller v. Walworth County, 779 Fed. Appx. 762, 764 (7th Cir. 2019) (unpublished order). Mr. Mapes may file an Amended Complaint on or before February 18, 2020. The failure to do so will result in dismissal of this action. (See Entry). Copy to Eric J. Mapes via U.S. mail. Signed by Judge Jane Magnus-Stinson on 1/16/2020. (JDH) |
Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MAC) |
Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff ERIC J. MAPES. (MAC) |
Filing 1 COMPLAINT against DEPUTY CLERK, STEVEN MAGNUSON, filed by ERIC J. MAPES. (No fee paid with this filing). (Attachments: #1 Exhibit). (MAC) |
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