MERCADO v. RAMIREZ
| ANGELITO C MERCADO |
| Aida Ramirez |
| 1:2021cv02961 |
| December 2, 2021 |
| US District Court for the Southern District of Indiana |
| Mario Garcia |
| James Patrick Hanlon |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| Defendant |
Docket Report
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Filing 7
REPORT AND RECOMMENDATIONS-1. The Clerk shall consolidate Case No. 1:21-cv-2961-JPH-MG into Case No. 1:20-cv-2179-JPH-TAB and close Case No. 1:21-cv-2961-JPH-MG, and no further filings should be made in that case. No final judgment will issue in Case No. 1:21-cv-2961-JPH-MG. 2. The Clerk is directed to add Aida Ramirez as a defendant in Case No. 1:20-cv-2179-JPH-TAB. 3. All future filings shall be filed in Case No. 1:20-cv-2179-JPH-TAB. 4. The following claims shall proceed against Defendant Aida Ramirez: (1) conspiracy under 42 U.S.C. 1985, (2) failure to intervene and equal protection in violation of the Fourteenth Amendment, and (3) retaliation under 42 U.S.C. 1983. This ruling is without prejudice to the filing of a proper Fed. R. Civ. P. 12 motion. 5. The stay entered in Case No. 1:20-cv-2179-JPH-TAB is lifted for the sole purpose of requiring Defendant Aida Ramirez to file a responsive pleading to Plaintiff's Complaint within 28 days following an order on this Report and Recommendation. All other aspects of the stay shall remain in place. Signed by Magistrate Judge Mario Garcia on 1/5/2022 Copy sent to Mr. Mercado via US Mail (CBU)
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Filing 6
REFERRAL TO MAGISTRATE JUDGE - United States Magistrate Judge Mario Garcia is hereby designated under 28 U.S.C. 636(b)(1)(B) to issue interim orders, hold any necessary hearings, and enter a final report and recommendation on the screening of Mr. Mercado's complaint, which was removed to this Court by Defendant. After Magistrate Judge Garcia enters his report and recommendation, Mr. Mercado all have "14 days after being served with a copy of the recommended disposition" to "file specific written objections to the proposed findings and recommendations." Fed. R. Civ. P. 72(b)(2). If Mr. Mercado does not object, he will have waived the right to challenge the issues resolved in the report and recommendation at any later stage of this case. See Estate of Sims ex rel. Sims v. County of Bureau, 506 F.3d 509, 516 (7th Cir. 2007) ("Plaintiffs failed to object to the magistrate judge's recommendation... and accordingly waived their right to challenge the dismissal of the... claim on appeal."); Snyder v. Nolen, 380 F.3d 279, 284-85 (7th Cir. 2004). Signed by Judge James Patrick Hanlon on 12/14/2021. Copy to Plaintiff via US Mail. (DWH)
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| Filing 5 EXHIBIT re #1 Notice of Removal from Bartholomew Superior Court 2, case number 03D02-2111-PL-005667, filed by Aida Ramirez. (Filing fee $402, receipt number AINSDC-6868103) by AIDA RAMIREZ. (Attachments: #1 State Court Record (Docket Sheet, Appearance, Complaint, Motion for Fee Waiver, Affidavit of Indigency, Order on Judge's Conflict, Summons, Certified Mail Returned, Order on Appointment of Special Judge, Notice on Special Judge, Order on Special Judge Conflict, Notice to Special Judge and Directive to Parties, Appearance Alex Emerson, Appearance Matthew Hinkle, Order Accepting Selecting as Special Judge, Notice of Removal to Federal Court, Exh. A-Federal Filings), #2 Complaint, #3 Civil Cover Sheet)(Hinkle, Matthew) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LMK) |
| Filing 3 NOTICE of Appearance by James Alex Emerson on behalf of Defendant Aida Ramirez. (Emerson, James) |
| Filing 2 NOTICE of Appearance by Matthew L. Hinkle on behalf of Defendant Aida Ramirez. (Hinkle, Matthew) |
| Filing 1 NOTICE OF REMOVAL from Bartholomew Superior Court 2, case number 03D02-2111-PL-005667, filed by Aida Ramirez. (Filing fee $402, receipt number AINSDC-6868103) (Attachments: #1 Civil Cover Sheet, #2 Exhibit State Court Record, #3 Exhibit State Docket)(Hinkle, Matthew) |
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| Plaintiff: ANGELITO C MERCADO | |
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| Defendant: Aida Ramirez | |
| Represented By: | James Alex Emerson |
| Represented By: | Matthew L. Hinkle |
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