CHEYOU EL v. MARION SUPERIOR COURT 10 (JUVENILE DIVISION) et al
| CHEYOU EL |
| MARION SUPERIOR COURT 10 (JUVENILE DIVISION), REGINA TIDWELL, MARLA MACK and ERIC MCDONALD |
| 1:2022cv00830 |
| April 28, 2022 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| James R Sweeney |
| Other Statutory Actions |
| 28 U.S.C. ยง 1361 Petition for Writ of Mandamus |
| None |
Docket Report
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This docket was last retrieved on July 6, 2022. A more recent docket listing may be available from PACER.
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| Filing 10 CLOSED JUDGMENT/FINAL JUDGMENT - This action is dismissed without prejudice. This is a final judgment under Rule 58 of the Federal Rules of Civil Procedure. This case is CLOSED. Signed by Judge James R. Sweeney II on 7/6/2022. (AKH) |
Filing 9
ORDER OF DISMISSAL - The Court previously dismissed Plaintiff's claims without prejudice and indicated that Plaintiff had until May 31, 2022, to file an amended complaint establishing that the Court has jurisdiction. (ECF No. #7 .) Plaintiff did not file an amended complaint. After the May 31 deadline came and went and the Court received no communication from Plaintiff, the Court ordered Plaintiff to show cause by June 28, 2022, why this action should not be dismissed for failure to prosecute. (ECF No. #8 .) The Court further warned Plaintiff that the failure to show cause may result in the dismissal of this action without further notice. (Id.) Plaintiff has not responded to the Order to Show Cause. Therefore, the Court finds that this action should be dismissed for failure to prosecute. Final judgment shall issue separately. Copies sent pursuant to distribution list. (See Order). Signed by Judge James R. Sweeney II on 7/6/2022.(AKH)
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Filing 8
ORDER TO SHOW CAUSE - The Court previously dismissed Plaintiff's claims without prejudice and indicated that Plaintiff had until May 31, 2022, to file (1) an amended complaint establishing that this Court has jurisdiction, and (2) a new motion for leave to proceed in forma pauperis. (ECF No. 7.) The Court has received no communication from Plaintiff. Plaintiff is ordered to show cause by June 28, 2022, why this action should not be dismissed for failure to prosecute. The failure to show cause may result in the dismissal of this action without further notice. Show Cause Response due by 6/28/2022. (Copy to Plaintiff via U.S. mail) Signed by Judge James R. Sweeney II on 6/7/2022.(JDC)
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Filing 7
Order Directing Further Proceedings - Plaintiff Cheyou El, proceeding without counsel, asks this Court "to issue a Writ of Mandamus to order Magistrate Regina Tidewell" to enforce the "Notice of Default Judgment" that El filed in their Marion Superior Court case, which appears to relate to child custody.1 (ECF No. 4-2 at 2.) It seems that El requested discovery from an Indiana Department of Child Services attorney and ordered that the discovery be provided within ten days. (Id.) When the attorney did not provide the requested discovery within ten days, El filed a "Notice of Default Judgment," essentially arguing that the discovery request was a "contract" that the attorney breached, and that, as a result of the breach, El is entitled to have El's state-court cases dismissed. Without jurisdiction, the Court cannot take any action in this case. Therefore, El's claims are dismissed without prejudice for lack of jurisdiction. The Motion for Leave to Proceed In Forma Pauperis, (ECF No. 2), and Amended Motion for Leave to Proceed In Forma Pauperis, (ECF No. 5), are denied as moot. If El believes El can establish that this Court has jurisdiction, then El may amend the complaint and file a new motion for leave to proceed in forma pauperis. When a plaintiff files an amended complaint, all previous complaints drop out of the picture, so El should include all claims and all details El would like the Court to consider in an amended complaint, if El decides to file one. The deadline to do so is May 31, 2022. (Copy to Plaintiff via U.S. mail) Signed by Judge James R. Sweeney II on 5/4/2022. (JDC)
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| Filing 6 FEDERAL NOTICE RECORDS CORRECTIONS, filed by Plaintiff CHEYOU EL (JDC) |
| Filing 5 AMENDED MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff CHEYOU EL. (JDC) |
| Filing 4 AMENDED COMPLAINT filed by CHEYOU EL. (Attachments: #1 Civil Cover Court, #2 Exhibit C, #3 proposed summons)(JDC) |
| 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, CHEYOU EL. (Attachments: #1 H.R. 5404)(DJH) |
| Filing 1 COMPLAINT against MARLA MACK, MARION SUPERIOR COURT 10 (JUVENILE DIVISION), ERIC MCDONALD, REGINA TIDWELL, filed by CHEYOU EL. (No fee paid with this filing) (Attachments: #1 Civil Cover Sheet, #2 Exhibit D Notice, #3 Exhibit E Notice, #4 Exhibit F emails, #5 Exhibit G emails, #6 Exhibit H emails, documents, identification cards, #7 Proposed Summons)(DJH) |
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