NNAJI v. DEPT. OF CHILD AND FAMILY SERVICES et al
| LINDA A. NNAJI |
| WILLIAM HANNON, AMY WALTERMIRE, SHELBY BAKER and DEPT. OF CHILD AND FAMILY SERVICES |
| 1:2020cv03192 |
| December 11, 2020 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| Tanya Walton Pratt |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 11
ORDER ON MOTION FOR CORRECTION OF THE DEFENDANTS' ZIP CODES - Plaintiff has filed a motion seeking leave to amend her complaint in order to correct the zip codes she listed for Defendants in her original complaint [Dkt. #7 ]. The motion is MOOT, inasmuch as Plaintiff has filed her amended complaint, which she was entitled to do once without leave of court pursuant to Federal Rule of Civil Procedure 15(a). Inasmuch as the amended complaint is identical to the original complaint except for the corrected zip codes, the Court finds that there is no need to order the Clerk to effect service of the amended complaint. Defendants have returned their waiver of service form and shall file their responses to the amended complaint on or before March 1, 2021. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 1/29/2021. (SWM)
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| Filing 10 WAIVER OF SERVICE Returned Executed, filed by AMY WALTERMIRE, SHELBY BAKER, DEPT. OF CHILD AND FAMILY SERVICES, WILLIAM HANNON. AMY WALTERMIRE waiver sent on 12/29/2020; SHELBY BAKER waiver sent on 12/29/2020; DEPT. OF CHILD AND FAMILY SERVICES waiver sent on 12/29/2020; WILLIAM HANNON waiver sent on 12/29/2020. (Carlisle, Alexander) |
| Filing 9 NOTICE of Appearance by Alexander Robert Carlisle on behalf of Defendants SHELBY BAKER, DEPT. OF CHILD AND FAMILY SERVICES, WILLIAM HANNON, AMY WALTERMIRE. (Carlisle, Alexander) |
| Filing 8 AMENDED COMPLAINT against SHELBY BAKER, DEPT. OF CHILD AND FAMILY SERVICES, WILLIAM HANNON, AMY WALTERMIRE, filed by LINDA A. NNAJI. (Attachments: #1 Envelope)(NAD) |
| Filing 7 MOTION to Correct Defendants' Zip Codes, filed by Plaintiff LINDA A. NNAJI. (Attachments: #1 Envelope)(NAD) |
| Filing 6 CONSENT to Jurisdiction to US Magistrate Judge by LINDA A. NNAJI. (Attachments: #1 Envelope)(NAD) |
| Filing 5 NOTICE of Lawsuit & Waiver Issued by Clerk to: Indiana Department of Child Services, Shelby Baker, Amy Waltermire, William Hannon. (NAD) |
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Filing 4
ENTRY - GRANTING #2 MOTION TO PROCEED IN FORMA PAUPERIS, DISCUSSING ACTION, AND DIRECTING SERVICE. Plaintiff's "Request to Proceed in District Court Without Prepaying the Filing Fee" (Filing No. #2 ), is GRANTED. While in forma pauperis status allows a plaintiff to proceed without pre- payment of the filing fee, the plaintiff remains liable for the full fees. The filing fee for in forma pauperis litigants is $350.00. Plaintiff brings her claim against Defendants Shelby Baker, Amy Waltermire, and William Hannon in their official capacity. At this time, the Court determines that the action shall proceed. This ruling is without prejudice to the filing of a proper Rule 12 motion. Because Plaintiff is proceeding in forma pauperis, Federal Rule of Civil Procedure 4(c)(3) requires the Court to order service for Plaintiff. Accordingly, the Clerk is designated pursuant to Rule 4(c)(3) to issue process to Defendants DCS, Shelby Baker, Amy Waltermire, and William Hannon in the manner specified by Rule 4(d). Process shall consist of the Complaint (Filing No. #1 ), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. (See Entry.) Copies via US Mail per distribution list. Signed by Judge Tanya Walton Pratt on 12/29/2020. (NAD)
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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 LINDA A. NNAJI. (Attachments: #1 Envelope)(REO) |
| Filing 1 COMPLAINT against SHELBY BAKER, DEPT. OF CHILD AND FAMILY SERVICES, WILLIAM HANNON, AMY WALTERMIRE, filed by LINDA A. NNAJI. (No fee paid with this filing) (Attachments: #1 Envelope)(REO) |
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