NOEL v. INDIANA METRO POLICE DEPARTMENT et al
| JAMES FRANK NOEL, JR. and JAMES F. NOEL, JR. |
| INDIANA METRO POLICE DEPARTMENT, CITY OF INDIANAPOLIS, MARION COUNTY, STATE OF INDIANA, MYLA A. ELDRIDGE, AMY BARBAR, JOHN GREEN, KENNETH C. GREER, FRANKLIN D. WOOTEN, MICHELLE SHARPE, JEREMY JOHNSON and DENISE A. ROBINSON |
| 1:2022cv00677 |
| April 5, 2022 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| Tanya Walton Pratt |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 33 MOTION to Grant Jurisdiction to Review, filed by Plaintiff JAMES FRANK NOEL, JR. (AKH) |
| Filing 32 MOTION to Grant Certificate of Appealability, filed by Plaintiff JAMES FRANK NOEL, JR. (AKH) |
| Filing 31 MOTION to Grant Statute, filed by Plaintiff JAMES FRANK NOEL, JR. (AKH) |
| Filing 30 MOTION for Permission of the Court to Accept Jurisdiction, filed by Plaintiff JAMES FRANK NOEL, JR. (AKH) |
Filing 29
**PLEASE DISREGARD - DOCKETED IN ERROR** ENTRY SCREENING THE AMENDED COMPLAINT AND DIRECTING SERVICE - In its Entry of April 13, 2022, the Court granted pro se Plaintiff Deonte' Smith's motion to proceed in forma pauperis, screened his Complaint, and directed him to correct his pleading deficiencies by filing an amended complaint no later than May 13, 2022, or his action would be dismissed for lack of subject-matter jurisdiction (Filing No. #9 ). On May 2, 2022, Plaintiff filed his Amended Complaint (Filing No. #12 ). Because Plaintiff's case is proceeding in forma pauperis, the action is subject to screening pursuant to 28 U.S.C. 1915(e)(2)(B). At this time, the Court has not determined that the action must be dismissed pursuant to 1915(e) and therefore shall proceed. This ruling is without prejudice to the filing of a proper Rule 12 motion. Because Plaintiff is proceeding in forma pauperis, Federal Rule of Civil Procedure 4(c)(3) requires the Court to order service for him. Accordingly, the Clerk is designated pursuant to Rule 4(c)(3) to issue process to Defendants Daniel Elliott, Ryan Bowersox, and William McInerney in the manner specified by Rule 4(d). Process shall consist of the Amended Complaint (Filing No. #12 ), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. Because the Amended Complaint names Daniel Elliott, Ryan Bowersox, and William McInerney as the only Defendants in this action, the Clerk is directed to TERMINATE Lucy Frick, Emily Chastain, and Laura Pitts as defendants on the docket. Copies sent pursuant to distribution list. (See Order). Signed by Judge Tanya Walton Pratt on 5/10/2022.(AKH) Modified on 5/10/2022 (AKH).
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Filing 28
ORDER ON MOTION FOR LEAVE TO FILE AMENDED COMPLAINT - This matter is before the Court on a Motion for Leave to File Amended Complaint filed by pro se Plaintiff James Frank Noel, Jr. (Filing No. #13 ). Noel's civil rights action was commenced on March 21, 2022, when he filed a Complaint in the United States District Court for the Northern District of Indiana (Filing No. #1 ). On April 5, 2022, the case was transferred to the Southern District of Indiana (Filing No. #9 ; Filing No. #10 ). On April 13, 2022, Noel submitted partial payment of the filing fee, and on May 4, 2022, paid the remaining portion of the filing fee (see Filing No. 15 ; Filing No. 27 ). After the case was transferred to this Court, in a one-week period, Noel filed eight similar motions asking the Court to dismiss a state court indictment, vacate a conviction, and provide additional time to pay the filing fee (Filing No. #18 ; Filing No. #19 ; Filing No. #20 ; Filing No. #21 ;Filing No. #22 ; Filing No. #23 ; Filing No. #25 ; Filing No. #26 ). The Court DENIES these motions without prejudice as being the improper procedural mechanism for the specific request, prematurely filed, or moot. The Court GRANTS Noel's Motion for Leave to File Amended Complaint (Filing No. #13 ). Noel shall have through Thursday, June 30, 2022, to file his amended complaint. (See Order). Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 5/10/2022. (AKH)
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| Filing 27 RECEIPT #IP078965 for partial filing fee in the amount of $52.00, paid by JAMES NOEL. (DJH) |
| Filing 26 MOTION to Vacate Conviction, filed by Plaintiff JAMES FRANK NOEL, JR. (AKH) |
| Filing 25 MOTION for Time re Fee, filed by Plaintiff JAMES FRANK NOEL, JR. (Attachments: #1 Exhibits)(AKH) |
| Filing 24 Correspondence REQUESTING COPY of Case Docket Sheet, filed by James F. Noel, Jr., Copy/Copies provided via US Mail. (Attachments: #1 Public Docket Sheet) (AKH) |
| Filing 23 MOTION for Permission to Withdraw Motion to Dismiss that Omitted Trial, filed by Plaintiff JAMES FRANK NOEL, JR. (AKH) |
| Filing 22 MOTION for Permission to Dismiss under 18 USC 3161, filed by Plaintiff JAMES FRANK NOEL, JR. (AKH) |
| Filing 21 MOTION Requesting Permission of the Court to Dismiss Indictment under cause no. 49A05-1508-PC-01274, filed by Plaintiff JAMES FRANK NOEL, JR. (AKH) |
| Filing 20 MOTION for Permission to Amend to Dismiss under cause number 49G02-1203-FA-16900, filed by Plaintiff JAMES FRANK NOEL, JR. (AKH) |
| Filing 19 MOTION Requesting Permission of the Court to Dismiss for Trial Court Lack of Jurisdiction, filed by Plaintiff JAMES FRANK NOEL, JR. (AKH) |
| Filing 18 MOTION Requesting Permission of the Court to Dismiss Indictment, filed by Plaintiff JAMES FRANK NOEL, JR. (AKH) |
| Filing 17 Mail Returned as undeliverable. #11 Magistrate Judge's Notice of Availability to Exercise Jurisdiction sent to JAMES FRANK NOEL, JR. Return to Sender. Not deliverable as addressed. RESENT #11 to updated address. (AKH) |
| Filing 16 NOTICE from Clerk of Indiana Northern District of Payment and Address Change Correction for JAMES FRANK NOEL, JR. (Attachments: #1 Envelope) (AKH) |
| Filing 15 RECEIPT #IP078700 for partial filing fee in the amount of $350.00, paid by JAMES FRANK NOEL, JR.. (DJH) |
| Filing 14 NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through 5/2/2022 in which to correct the deficiencies as follows: You must either pay the 402.00 filing fee for this action or demonstrate that you lack the financial ability to do so by filing a motion for leave to proceed without the prepayment of the filing fee (in forma pauperis). (TRG) |
| Filing 13 MOTION to Amend, filed by Plaintiff JAMES FRANK NOEL, JR. (Attachments: #1 Envelope)(AKH) |
| Filing 12 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. (AKH) |
| Filing 11 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) |
| Filing 10 Case transferred in from District of Indiana Northern; Case Number 3:22-cv-00230. Original file copy of transfer order and docket sheet received. |
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Filing 9
ORDER transferring case to the Southern District of Indiana. Case electronically transferred to Southern District of Indiana. Signed by Judge Damon R Leichty on 4/4/22. (mlc) [Transferred from Indiana Northern on 4/5/2022.]
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| Filing 8 Consent to Receipt of Documents Through Prisoner Electronic Filing Program by James Frank Noel, Jr. Pursuant to General Order 2018-1, documents submitted to the court for filing will generate a Notice of Electronic Filing that will constitute official service upon registered users of CM/ECF. If any parties to the case are not registered CM/ECF users, the Clerk of the Court will mail the document via U.S. Postal Service on behalf of the inmate. NOTE: The E-Filing Program does not affect the obligation of other parties to serve copies of documents in accordance with the Federal Rules of Civil Procedure. (nae) [Transferred from Indiana Northern on 4/5/2022.] |
| Filing 7 MOTION Requesting Permission of the Court to Grant the Petitioner's Pro Se Appearance Pursuant to Criminal Rule 2.1(B) by Plaintiff James Frank Noel, Jr. (kms) [Transferred from Indiana Northern on 4/5/2022.] |
| Filing 6 MOTION Requesting Permission of the Court to Grant this Petition for Malicious Prosecution Wrongful Conviction and Denied Due Process of Law by Plaintiff James Frank Noel, Jr. (kms) [Transferred from Indiana Northern on 4/5/2022.] |
| Filing 5 DECLARATION filed by James Frank Noel, Jr. (kms) [Transferred from Indiana Northern on 4/5/2022.] |
| Filing 4 MOTION Requesting Permission of the Court to Grant this Civil Action Suite for a Maliciously Prosecution, Wrongful Conviction of a Homicide, Denied Due Process of Law by Plaintiff James Frank Noel, Jr. (Attachments: #1 Exhibits)(nae) [Transferred from Indiana Northern on 4/5/2022.] |
| Filing 3 MOTION to Discharge / Dismiss by Plaintiff James Frank Noel, Jr. (Attachments: #1 Exhibits)(nae) [Transferred from Indiana Northern on 4/5/2022.] |
| Filing 2 MOTION Requesting Permission of the Court for the Petition to be Removed From the State Court to the District Court for Reasons Stated Below by Plaintiff James Frank Noel, Jr. (nae) [Transferred from Indiana Northern on 4/5/2022.] |
| Filing 1 PRO SE COMPLAINT with Jury Demand against Amy Barbar, Myla A Eldridge, John Green, Kenneth C Greer, Indiana Metro Police Department, Indiana State of, Indianapolis City of, Jeremy Johnson, Marion County, Denise A Robinson, Michelle Sharpe, Franklin D Wooten, filed by James Frank Noel, Jr. (No filing fee or IFP received) (Returned copy with case number to Noel) (Attachments: #1 Proposed Summons, #2 Letter re: filing fee)(nae) [Transferred from Indiana Northern on 4/5/2022.] |
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