SMITH v. BAUER et al
| DONALD ROY SMITH |
| VANDY MARIE BAUER, MUHAMED BECOVIC, GILLIAN DOWNHAM and AUTUMN TRAILS APARTMENTS |
| 1:2020cv02298 |
| September 3, 2020 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Tanya Walton Pratt |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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This docket was last retrieved on October 23, 2020. A more recent docket listing may be available from PACER.
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Filing 13
ORDER - This matter is before the Court on its previous order directing the clerk to refund the $400.00 filing fee (Dkt. #11 ). If Mr. Smith would like a refund of the filing fee, he is directed to complete the attached form, paying special attention to the highlighted fields. The completed form may be sent by fax to 317-229-3940, by email to finance@insd.uscourts.gov or by U.S. mail to the U.S. District Court Clerk at Room 105, 46 E. Ohio Street, Indianapolis, Indiana. Once the completed form is received by the clerk's office, the clerk will then refund the filing fee to Mr. Smith. Copies to defendant via US Mail. Signed by Judge Tanya Walton Pratt on 10/23/2020. (Attachments: #1 W-9)(NAD)
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Filing 12
FINAL JUDGMENT - The Court now enters FINAL JUDGMENT in the above-entitled matter. For the reasons stated in the Order Dismissing Amended Complaint, Plaintiff Donald Roy Amended Complaint is DISMISSED without prejudice, for lack of jurisdiction and this matter is closed. Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 10/19/2020.(NAD)
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Filing 11
ENTRY - DENYING AS MOOT #8 AMENDED MOTION TO PROCEED IN FORMA PAUPERIS, SCREENING AMENDED COMPLAINT, AND ORDER OF DISMISSAL. Having had an opportunity to amend the complaint, file a viable claim for relief, and establish federal jurisdiction, but not doing so, this action, is DISMISSED without prejudice for lack of subject matter jurisdiction and failure to state a claim. Mr. Smith's Amended Motion for Leave to Proceed in forma pauperis, (Dkt. #8 ), is DENIED as moot. Mr. Smith was granted leave to proceed in forma pauperis prior to overpaying the filing fee. Because this matter is being dismissed, the Court directs the Clerk to refund the $400.00 filing fee. Mr. Smith can use these funds to pay the filing fee in state court if he wishes to further pursue this claims. Final judgment consistent with this Order and the Screening Order of September 11, 2020 (Dkt. #4 ), will be entered in a separate document. (See Order.) Copy to Plaintiff via US Mail. CC to Finance. Signed by Judge Tanya Walton Pratt on 10/19/2020. (NAD)
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| Filing 6 RECEIPT #IP071108 for filing fee in the amount of $400.00, paid by DONALD ROY SMITH. (DJH) |
| Filing 10 Submission of Complaint, filed by Plaintiff DONALD ROY SMITH. (Attachments: #1 Envelope)(JDC) |
| Filing 9 CERTIFICATE OF SERVICE by DONALD ROY SMITH (Attachments: #1 Envelope)(JDC) |
| Filing 8 Amended MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff DONALD ROY SMITH. (Attachments: #1 Envelope)(JDC) |
| Filing 7 AMENDED COMPLAINT filed by DONALD ROY SMITH. (Attachments: #1 Envelope)(JDC) |
| Filing 5 CONSENT to Jurisdiction to US Magistrate Judge by DONALD ROY SMITH. (Attachments: #1 Envelope)(NAD) |
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Filing 4
ENTRY - GRANTING #2 MOTION TO PROCEED IN FORMA PAUPERIS, SCREENING AND ORDER TO SHOW CAUSE. For the reasons stated above, Smith's Application to Proceed in District Court Without Prepaying Fees or Costs (Filing No. #2 ) is GRANTED. Having screened the Complaint, the Court finds it is subject to dismissal for lack of jurisdiction. Smith is granted leave to file an amended complaint by no later than Friday, October 9, 2020. If no amended complaint is filed by that date, this action will be dismissed for the reasons set forth above. (See Entry.) Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 9/11/2020. (NAD)
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| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, DONALD ROY SMITH. (Attachments: #1 Envelope)(DJH) |
| Filing 1 COMPLAINT against AUTUMN TRAILS APARTMENTS, VANDY MARIE BAUER, MUHAMED BECOVIC, and GILLIAN DOWNHAM, filed by DONALD ROY SMITH. (No fee paid with this filing) (Attachments: #1 Envelope)(DJH) |
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