WESTBROOK v. MILLER et al
Plaintiff: CURTIS L. WESTBROOK
Defendant: MARK E. MILLER and BOWERS HARRISON INC.
Case Number: 1:2020cv03317
Filed: December 31, 2020
Court: US District Court for the Southern District of Indiana
Presiding Judge: Sarah Evans Barker
Referring Judge: Doris L Pryor
Nature of Suit: Contract: Other
Cause of Action: 28:1331lm
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 12, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 12, 2021 Filing 9 CLOSED JUDGMENT - The Court now enters FINAL JUDGMENT. The action is dismissed for lack of jurisdiction. Copy to Plaintiff via U.S. Mail. Signed by Judge Sarah Evans Barker on 2/12/2021.(MAC)
February 12, 2021 Opinion or Order Filing 8 ORDER DIRECTING ENTRY OF FINAL JUDGMENT. The plaintiff has not responded to the order to show cause and the time to do so has passed. When it is determined that a court lacks jurisdiction, its only course of action is to announce that fact and dismiss the case. Steel Co. v. Citizens for a Better Environment, 523 U.S. 83, 94 (1998) ("'Jurisdiction is power to declare the law, and when it ceases to exist, the only function remaining to the court is that of announcing the fact and dismissing the cause.'") (quoting Ex parte McCardle, 7 Wall, 506, 514, 19 L.Ed. 264 (1868)). That is the case here. Final judgment shall now enter. Copy to Plaintiff via U.S. Mail. Signed by Judge Sarah Evans Barker on 2/12/2021.(MAC)
January 7, 2021 Opinion or Order Filing 7 ORDER - denying #3 Motion for Assistance Recruiting Counsel ; Despite this, the claim cannot proceed in this Court because there is no basis for this Court's jurisdiction. Asking counsel to pursue such a claim is not an appropriate use of this Court's or pro bono counsel's resources. Any other conclusion would defy common sense and would contradict 28 U.S.C. 1915A(a)'s requirement that this Court to "review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity." Id. The plaintiff continues to have through February 8, 2021, in which to show cause why Judgment should not issue. Signed by Judge Sarah Evans Barker on 1/7/2021. Copy Mailed. (CKM)
January 7, 2021 Opinion or Order Filing 6 ORDER - Granting Motion for Leave to Proceed In Forma Pauperis, Dismissing Complaint and Directing Further Proceedings; The plaintiff's motion to proceed in forma pauperis, dkt. #2 , is granted. The plaintiff shall have through February 8, 2021, in which to show cause why Judgment consistent with this Order should not issue. ("Without at least an opportunity to amend or to respond to an order to show cause, an IFP applicant's case could be tossed out of court without giving the applicant any timely notice or opportunity to be heard to clarify, contest, or simply request leave to amend."). The plaintiff's complaint must be dismissed for lack of jurisdiction. Although the complaint asserts that the basis for this Court's jurisdiction is federal question jurisdiction based in contract law, contract disputes do not implicate any federal statutes or constitutional provisions. Furthermore, the Court can discern no other basis for federal question jurisdiction. There is no basis for diversity jurisdiction as all the parties reside in Indiana. Signed by Judge Sarah Evans Barker on 1/7/2021. Copy Mailed.(CKM)
December 31, 2020 Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH)
December 31, 2020 Filing 4 DISCOVERY - Subpoena Duces Tecum, filed by Plaintiff CURTIS L. WESTBROOK.(AKH)
December 31, 2020 Filing 3 MOTION for Assistance in Recruiting Counsel, filed by Plaintiff CURTIS L. WESTBROOK. (AKH)
December 31, 2020 Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff CURTIS L. WESTBROOK. (AKH)
December 31, 2020 Filing 1 COMPLAINT against BOWERS HARRISON INC., MARK E. MILLER, filed by CURTIS L. WESTBROOK. (No fee paid with this filing) (Attachments: #1 Civil Cover Sheet). (AKH) (Additional attachment(s) added on 12/31/2020: #2 Notice of Waiver and Request to Waive Service of Summons) (AKH).

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Defendant: MARK E. MILLER
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Defendant: BOWERS HARRISON INC.
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