GIRDLER v. SHELBY COUNTY AUDITOR et al
| TONY O. GIRDLER |
| SHELBY COUNTY AUDITOR, SHELBY COUNTY TREASURE, RALPH GIRDLER, SHELBY COUNTY RECYCLING DISTRICT and SHELBY COMMISSIONERS OFFICE |
| 1:2021cv02415 |
| September 10, 2021 |
| US District Court for the Southern District of Indiana |
| Doris L Pryor |
| Richard L Young |
| Real Property: Other |
| 28 U.S.C. ยง 1331 dp |
| Plaintiff |
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This docket was last retrieved on October 29, 2021. A more recent docket listing may be available from PACER.
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Filing 4
ENTRY GRANTING DKT. #2 IFP AND DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT - Plaintiff's Motion to Proceed In Forma Pauperis Filing No. #2 is GRANTED. For the reasons stated above, Plaintiff's "illegal eviction," civil RICO, and constructive fraud claims shall not proceed. Plaintiff's constitutional due process claim against Defendants Shelby County Auditor and Shelby County Treasurer for failure to provide Plaintiff adequate notice of the tax sale of his property shall proceed. Finally, Plaintiff has not alleged facts that plausibly state a claim against Defendants Shelby County Recycling District or Shelby County Plan Commission for violation of his constitutional rights to procedural due process and to be free of unreasonable searches. To the extent Plaintiff believes he can remedy this defect, he is granted leave to file an amended complaint no later than November 26, 2021. If no amended complaint is filed by that date, the court will order service solely on the constitutional due process claim against Defendants Shelby County Auditor and Shelby County Treasurer. Copy to Plaintiff via US Mail. Signed by Judge Richard L. Young on 10/29/2021. (AAS)
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| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LMK) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff TONY O. GIRDLER. (Attachments: #1 Envelope)(LMK) |
| Filing 1 COMPLAINT against RALPH GIRDLER, SHELBY COMMISSIONERS OFFICE, SHELBY COUNTY AUDITOR, SHELBY COUNTY RECYCLING DISTRICT, SHELBY COUNTY TREASURE, filed by TONY O. GIRDLER. (No fee paid with this filing) (Attachments: #1 Cover Letter, #2 Proposed Summons, #3 Envelope)(LMK) |
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