WELLS v. WIDENER et al
| EUGENE E. WELLS, JR. |
| BRANDY WIDENER, PENNY EDEN, JOHN DOE #1, JANE DOE #1 and MICHELLE RAINS |
| 1:2022cv01539 |
| August 3, 2022 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Sarah Evans Barker |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 11 FINAL JUDGMENT - The Court now enters FINAL JUDGMENT. The action is dismissed without prejudice. Signed by Judge Sarah Evans Barker on 9/20/2022. (CKM) |
Filing 10
ORDER - Directing Entry of Final Judgment; This action is dismissed without prejudice. The Order of August 25, 2022, dismissed the operative complaint because the plaintiff has an adequate state law remedy available to pursue the alleged loss of his property. Dkt. 6. The plaintiff was given a period of time in which to show cause why this action should not be dismissed. He responded that he accepts the dismissal without prejudice and will pursue his state court remedies. Dkt. 9. Therefore, this action is properly dismissed without prejudice. Signed by Judge Sarah Evans Barker on 9/20/2022. (CKM)
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| Filing 9 RESPONSE to show cause re #8 Order on Motion for Extension of Time to File, filed by Plaintiff EUGENE E. WELLS, JR. (Attachments: #1 copy of e consent form) (CKM) |
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Filing 8
ORDER - The plaintiff's motion for extension of time, dkt. [ #7 ], is granted. He shall have through September 19, 2022, in which to show cause why this action should not be dismissed consistent with the Court's screening order. Signed by Magistrate Judge Tim A. Baker on 9/1/2022. (SWM)
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| Filing 7 MOTION for Extension of Time, filed by Plaintiff EUGENE E. WELLS, JR. (Attachments: #1 Exhibit Notice of E-fling) (CKM) |
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Filing 6
ORDER - Granting Leave to Proceed In Forma Pauperis, Dismissing Complaint, and Providing Opportunity to Show Cause; Mr. Wells' motion for leave to proceed in forma pauperis, dkt. #3 , is granted. Although he is excused from pre-paying the full filing fee, he still must pay the three hundred and fifty dollar ($350.00) filing fee pursuant to the statutory formula set forth in 28 U.S.C. 1915(b)(2) when able. The plaintiff has an adequate state law remedy, the alleged deprivation of his property was not a constitutional violation and therefore cannot be heard in this Court. His claim is dismissed without prejudice so he may pursue it in state court if he so chooses. The plaintiff's complaint must be dismissed for the reasons set forth above. The plaintiff shall have through September 2, 2022, in which to show cause why Judgment consistent with this Order should not issue. Signed by Judge Sarah Evans Barker on 8/25/2022. (CKM)
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| Filing 5 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. (MEH) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, EUGENE E. WELLS, JR. (Attachments: #1 Official Certificate of Prisoner Account, Resident Activity Report)(DJH) |
| Filing 2 COMPLAINT against JANE DOE #1, JOHN DOE #1, PENNY EDEN, MICHELLE RAINS, and BRANDY WIDENER, filed by EUGENE E. WELLS, JR. (No fee paid with this filing) (DJH) |
| Filing 1 CONSENT to Prisoner E-Service by EUGENE E. WELLS, JR located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by EUGENE E. WELLS, JR 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. (DJH) |
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