MCDANIEL v. ATTWOOD
| MALACHI MCDANIEL |
| JAMES ATTWOOD |
| 1:2022cv00570 |
| March 21, 2022 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 26, 2022. A more recent docket listing may be available from PACER.
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| Filing 7 CLOSED JUDGMENT. FINAL 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 Jane Magnus-Stinson on 4/26/2022.(JDC) |
Filing 6
Order Dismissing Action for Lack of Subject Matter Jurisdiction - Plaintiff Malachi McDaniel--an inmate at the Coffee County Jail in Manchester, Tennessee --brings this action alleging that defendant James Attwood put "mobbing devises" in his body. The Court found that the complaint did not allege a basis for subject matter jurisdiction. Dkt. 5. The Court therefore dismissed the original complaint and allowed Mr. McDaniel through April 25, 2022, to file an amended complaint that plausibly alleged subject matter jurisdiction. Id. at 3. That date has passed, and Mr. McDaniel has failed to file an amended complaint or otherwise show that the Court has jurisdiction. The action is therefore DISMISSED for lack of subject matter jurisdiction. All pending motions, including Mr. McDaniel's motion for appointment of counsel, dkt. #2 , are DENIED. Final judgment shall now enter. (Copy to Plaintiff via U. S. mail) Signed by Judge Jane Magnus-Stinson on 4/26/2022. (JDC)
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Filing 5
ORDER DISMISSING COMPLAINT AND SETTING DEADLINE TO FILE AMENDED COMPLAINT. The complaint has failed to plausibly suggest a claim of subject matter jurisdiction, so it is DISMISSED. Silha, 807 F.3d at 174. But the Court will not yet dismiss the entire action. Instead, Mr. McDaniel shall have through April 25, 2022, to file a viable amended complaint. The first page of the amended complaint should include the words "Amended Complaint" and the case number for this action, 1:22-cv-00570-JMS-DML. Mr. McDaniel also shall have through April 25, 2022, to pay the $402.00 filing fee for this action or move for leave to proceed in forma pauperis. Failure to meet these deadlines will result in dismissal of this action without further notice. (See Order). Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 3/29/2022. (MAC)
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| Filing 4 NOTICE to Pro se Litigant - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. Copy to plaintiff by U.S. Mail. (MEH) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JSR) |
| Filing 2 MOTION to Appoint Counsel, filed by Plaintiff MALACHI MCDANIEL. (Attachments: #1 Exhibit Letter in Support, #2 Envelope)(JSR) |
| Filing 1 COMPLAINT against JAMES ATTWOOD, filed by MALACHI MCDANIEL. (No fee paid with this filing) (Attachments: #1 Envelope)(JSR) |
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| Plaintiff: MALACHI MCDANIEL | |
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| Defendant: JAMES ATTWOOD | |
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