COOK v. MERSHON et al
| EDWARD CHARLES COOK, JR. |
| JOHN L. MERSHON, MARTIAL KNIESER, SHERRI WILSON, KRISTINE PRYOR, ROBERT MEHL, DUAN PIERCE, KRISTEN DAUSS, M. MITCHEFF, WEXFORD MEDICAL PROVIDER and CENTURION MEDICAL PROVIDER |
| 1:2024cv00133 |
| January 22, 2024 |
| US District Court for the Southern District of Indiana |
| Tanya Walton Pratt |
| Crystal S Wildeman |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 23, 2024. A more recent docket listing may be available from PACER.
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Filing 15
ENTRY GRANTING IN PART AND DENYING IN PART MOTION FOR ASSISTANCE: Cook's motion, dkt. #14 , is GRANTED in part and DENIED in part. The motion is denied to the extent that he asks the Court to screen his complaint or otherwise take any action in this closed matter. The motion is granted to the extent that the clerk is directed to send a copy of the public docket sheet along with Mr. Cook's copy of this Entry. Mr. Cook is instructed to use Cause No. 1:24-0069-RLY-TAB for any further filings related to the claims alleged in his complaint. See Order. Signed by Judge Tanya Walton Pratt on 2/23/2024. Copy sent to Plaintiff via US Mail. (Attachments: #1 Public Docket sheet) (LF)
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| Filing 14 MOTION for Emergency Court Assistance, filed by Plaintiff EDWARD CHARLES COOK, JR. (LF) |
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Filing 13
FINAL JUDGMENT: The Court now enters FINAL JUDGMENT. The action is dismissed without prejudice. See Order. Signed by Judge Tanya Walton Pratt on 2/8/2024. Copy mailed to Plaintiff. (LF)
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Filing 12
Order Dismissing Action and Directing Entry of Final Judgment: Mr. Cook's emergency motion for information, dkt. #10 , is GRANTED to the extent that the Court clarifies that only Mr. Cook's earlier-filed complaint shall proceed. "The district court has broad discretion to dismiss a complaint for reasons of wise judicial administration whenever it is duplicative of a parallel action already pending in another federal court." McReynolds, 694 F.3d at 888 (cleaned up). On that basis, this action is dismissed without prejudice as duplicative. See Jones v. Jeffreys, 798 F. App'x 29, 31 (7th Cir. 2020) (district courts have broad discretion to dismiss duplicative suits); Firestone Fin. LLC v. Meyer, 881 F.3d 545, 549 (7th Cir. 2018) (summarily dismissing appeal as duplicative). In his "Motion for Emergency Assistance" Mr. Cook request the appointment of counsel. The clerk is directed to retitle the motion at Docket No. 9 as a "Motion for Counsel." Because this duplicative case is being closed, the request for counsel in this action, dkt. #9 is DENIED as moot. If he has not already done so, Mr. Cook can file the appropriate motion requesting recruitment of counsel in the earlier filed action, Case No. No. 1:24-cv-00069-RLY-TAB. Judgment consistent with this Order shall now issue. See Order. Signed by Judge Tanya Walton Pratt on 2/8/2024. Copy sent to Plaintiff via US Mail. (LF)
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| Filing 11 MOTION for Extension of Time to Pay Fee, filed by Plaintiff EDWARD CHARLES COOK, JR. (LBT) |
| Filing 10 MOTION for Information, filed by Plaintiff EDWARD CHARLES COOK, JR. (LF) |
| Filing 9 **MOTION FOR COUNSEL PER DKT #12 RETITLE**MOTION for emergency court assistance, filed by Plaintiff EDWARD CHARLES COOK, JR. (LF) Modified on 2/9/2024 (LF). |
| Filing 8 Correspondence REQUESTING COPY of Case Docket Sheet, filed by Edward Cook. Copy/Copies provided via US Mail. (Attachments: #1 Public Docket sheet) (LF) |
| Filing 7 CONSENT to Jurisdiction to US Magistrate Judge by EDWARD CHARLES COOK, JR. (AAS) |
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Filing 6
Order on Motion to Proceed In Forma Pauperis: The plaintiff's motion to proceed in forma pauperis, dkt. #2 , is granted to the extent that the plaintiff is assessed an initial partial filing fee of Forty- Three Dollars and Forty Cents ($43.40). See 28 U.S.C. 1915(b)(1). The plaintiff shall have through February 23, 2024, in which to pay this sum to the clerk of the district court. See Order. Signed by Judge Tanya Walton Pratt on 1/25/2024. Copy sent to Plaintiff via US Mail. (LF)
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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. (Copy sent to plaintiff via US mail). (JRT) |
| Filing 4 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (CCG) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (CCG) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff EDWARD CHARLES COOK, JR. (Attachments: #1 Exhibit, #2 Envelope)(CCG) |
| Filing 1 COMPLAINT against KRISTEN DAUSS, MARTIAL KNIESER, ROBERT MEHL, JOHN L. MERSHON, M. MITCHEFF, DUAN PIERCE, KRISTINE PRYOR, WEXFORD MEDICAL PROVIDER, SHERRI WILSON, filed by EDWARD CHARLES COOK, JR. (No fee paid with this filing) (Attachments: #1 Cover Letter, #2 Exhibit, #3 Envelope)(CCG) |
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