HARRIS v. DUBLIN VOLUNTEER FIRE DEPT. et al
| BRADLEY J. HARRIS |
| DUBLIN VOLUNTEER FIRE DEPT., DAN WICKER, LYNDON WICKER, MARK MCCARTY and REX SNYDER |
| 1:2023cv00538 |
| March 28, 2023 |
| U.S. District Court for the Southern District of Indiana |
| M Kendra Klump |
| Jane Magnus-Stinson |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 23, 2023. A more recent docket listing may be available from PACER.
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Filing 13
CLOSED DISMISSED - Presently pending before the Court is pro se Plaintiff Bradley J. Harris's "Motion to Withdraw Without Prejudice." [Filing No. 12.] In the motion, he asks the Court "to allow [him] to withdraw without prejudice, pending the outcome of [other cases pending in this Court and in state court]" and so that he can consult with legal counsel, and to allow him to "refile [this] cause of action at a later date." [Filing No. 12 at 1-2.] The Court deems this case voluntarily dismissed without prejudice pursuant to Rule 41(a)(1)(A)(i), as of the filing of Mr. Harris's Motion to Withdraw Without Prejudice, [Filing No. 12], on May 18, 2023. The Clerk is DIRECTED to TERMINATE the motion, [ #12 ], and close this case. Mr. Harris is advised that, should he wish to pursue his claims at a later date, he must do so by filing a new complaint in a new case. See Nelson, 657 F.3d at 588 ("Once an action has been dismissed under Rule 41(a)(1) without prejudice, the plaintiff may bring the suit again by filing a new complaint."). See Order for additional information. Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 5/23/2023.(SWM)
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| Filing 12 MOTION to Withdraw Without Prejudice, filed by Plaintiff BRADLEY J. HARRIS. (Attachments: #1 Envelope)(JRB) |
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Filing 11
ENTRY SCREENING COMPLAINT AND DIRECTING FURTHER PROCEEDINGS - Mr. Harris's Complaint is DISMISSED WITHOUT PREJUDICE. Mr. Harris shall have until May 19, 2023 to file an Amended Complaint that addresses the deficiencies in this Entry and otherwise complies with federal pleading standards. Failure to do so may result in dismissal of this case. Defendants need not answer or otherwise respond to the Amended Complaint until the Court has screened the Amended Complaint pursuant to 1915A. In the event that the Amended Complaint or any portion thereof survives screening, the Court will establish deadlines by separate order for Defendants to respond to the Amended Complaint. (See Order.) Signed by Judge Jane Magnus-Stinson on 4/20/2023. Copy to Plaintiff via US mail. (JSR)
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Filing 10
ORDER - This matter comes before the Court on Defendant Rex Synder's Motion to extend the time within which all Defendants have to file an answer or other responsive pleading to Plaintiff's Complaint to allow for screening pursuant to 28 U.S.C. 1915A, Dkt. [ #8 ]. Construing Defendant's Motion as a waiver of reply, the Court GRANTS said Motion. See 42 U.S.C. 1997e(g). The deadline for Defendants to file responsive pleadings to Plaintiff's Complaint shall be fourteen (14) days after the date of the Screening Order issued by the Court unless the Court instructs otherwise. Copy to Plaintiff via US Mail. Signed by Magistrate Judge M. Kendra Klump on 4/7/2023. (SWM)
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| Filing 9 Rule 7.1 Disclosure Statement by DUBLIN VOLUNTEER FIRE DEPT.. (Weber, Allison) |
| Filing 8 MOTION for Extension of Time to Answer to Allow for Screening Pursuant to 28 U.S.C. 1915A, filed by Defendant REX SNYDER. (Attachments: #1 Text of Proposed Order)(Roberts, Liberty) |
| Filing 7 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DRB) |
| Filing 6 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DRB) |
| Filing 5 NOTICE of Appearance by Allison Venetia Weber on behalf of Defendants DUBLIN VOLUNTEER FIRE DEPT., MARK MCCARTY, REX SNYDER, DAN WICKER, LYNDON WICKER. (Weber, Allison) |
| Filing 4 NOTICE of Appearance by David L. Ferguson on behalf of Defendants DUBLIN VOLUNTEER FIRE DEPT., MARK MCCARTY, REX SNYDER, DAN WICKER, LYNDON WICKER. (Ferguson, David) |
| Filing 3 NOTICE of Corrected Certificate of Service, filed by Defendant REX SNYDER, re #1 Notice of Removal. (Roberts, Liberty) |
| Filing 2 NOTICE of Appearance by Liberty L. Roberts on behalf of Defendant REX SNYDER. (Roberts, Liberty) |
| Filing 1 NOTICE OF REMOVAL from Wayne County (Indiana) Superior Court, case number 89D01-2302-CT-000018, filed by REX SNYDER. (Filing fee $402, receipt number AINSDC-7563802) (Attachments: #1 Exhibit Consent to Removal, #2 State Court Record Complaint, Subpoenas, Appearances, Return of Service, Motion for Extension of Time, Orders Granting Motions for Extensions of Time, #3 Exhibit State Court Operative Complaint, #4 Civil Cover Sheet)(Roberts, Liberty) |
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