MILLER v. REED
| NOAH MICHAEL MILLER |
| MICHAEL W. REED, DANIEL HAMPTON, MATTHEW J. BUEHLER, MICHAEL FOSTER, MOORE, R.J. NETHAWAY and COUNTY OF KOSCIUSKO |
| 1:2021cv02242 |
| August 12, 2021 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| James Patrick Hanlon |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 9
ORDER TO SHOW CAUSE - Noah Miller, an inmate in the Indiana Department of Corrections, brought this suit alleging violations of his Fifth, Sixth, Eighth, and Fourteenth Amendment Rights in proceedings related to his criminal cases in Kosciusko County, Indiana. Dkt. #8 at 2-3. All of the actions and events alleged occurred in the Northern District of Indiana, not the Southern District of Indiana. See dkt. 8; 28 U.S.C. 94(a). Further, the complaint does not list any defendants residing in this district. Id.; 28 U.S.C. 94(b). Venue thus appears improper in this District and proper in the Northern District of Indiana. See 28 U.S.C. 1391(b)(2) ("A civil action may be brought in... a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred...."). Mr. Miller shall therefore have until October 22, 2021, to show cause why this action should not be transferred to the United States District Court for the Northern District of Indiana. See 28 U.S.C. 1404(a). Copy to Plaintiff via U.S. Mail. Show Cause Response due by 10/22/2021. Signed by Judge James Patrick Hanlon on 10/6/2021. (MAC)
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| Filing 8 AMENDED COMPLAINT against DANIEL HAMPTON, MICHAEL W. REED, MATTHEW J. BUEHLER, MICHAEL FOSTER, MOORE, R.J. NETHAWAY and COUNTY OF KOSCIUSKO, filed by NOAH MICHAEL MILLER.(SWM) |
| Filing 7 MARGINAL ENTRY re Plaintiff's #6 Motion to Amend Complaint - Motion denied as moot, in that the Court already has granted Plaintiff leave to file his amended complaint. [Filing No. #4 ]. Accordingly, the amended complaint attached to this motion will be deemed timely filed. Signed by Magistrate Judge Tim A. Baker on 10/4/2021. (SWM) |
| Filing 6 MOTION for leave to Amend Complaint, filed by Plaintiff NOAH MICHAEL MILLER. (Attachments: #1 Proposed Amended Complaint, #2 Cover Letter, #3 Envelope)(DWH) |
| Filing 5 RECEIPT #IP076153 for initial partial filing fee in the amount of $16.76, paid by Plaintiff. (REO) |
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Filing 4
ORDER - Mr. Miller's motion for leave to proceed in forma pauperis, dkt. #2 , is granted to the extent that he is assessed an initial partial filing fee of Sixteen Dollars and Seventy-Six Cents ($16.76). See 28 U.S.C. 1915(b)(1). Mr. Miller shall have through October 1, 2021, in which to pay this sum to the clerk of the district court. Mr. Miller's complaint is dismissed for failure to state a claim upon which relief can be granted. He shall have through October 1, 2021, to file an amended complaint. Failure to act by this date may result in dismissal of this action without further notice. The clerk is directed to send Mr. Miller a copy of the Complaint Form with his copy of this order (SEE ORDER). Signed by Judge James Patrick Hanlon on 9/2/2021. Copy to Plaintiff via US Mail. (Attachments: #1 copy of the Complaint Form) (DWH)
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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, NOAH MICHAEL MILLER. (Attachments: #1 Certification of Inmate Trust Fund Account, Transaction History Inquiry reports, #2 Envelope)(DJH) |
| Filing 1 COMPLAINT against DANIEL HAMPTON, and MICHAEL W. REED, filed by NOAH MICHAEL MILLER. (No fee paid with this filing) (Attachments: #1 Kosciusko Circuit Court records, #2 Proposed Summons, #3 Envelope)(DJH) |
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