GISLER v. UNITED STATES POST OFFICE
| MATTHEW THOMAS GISLER, JR. |
| UNITED STATES POST OFFICE |
| 1:2024cv00602 |
| April 5, 2024 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| Richard L Young |
| P.I.: Other |
| 28 U.S.C. ยง 2672 pi Federal Tort Claims Act - Personal Injury |
| None |
Docket Report
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This docket was last retrieved on May 24, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 AMENDED COMPLAINT against UNITED STATES POST OFFICE, filed by MATTHEW THOMAS GISLER, JR. (Attachments: #1 Envelope)(LBT) |
Filing 8
ENTRY DISMISSING COMPLAINT - Because Gisler's complaint does not identify anything similar that would indicate the Post Office could be responsible for the fall, his complaint fails to state a claim for which relief could be granted. For that reason, his amended complaint is DISMISSED without prejudice. He shall file an amended complaint, should he choose to do so, by May 31, 2024. Failure to do so will result in the dismissal of this case without prejudice for a lack of jurisdiction. See Order. Copy to plaintiff via US Mail. Signed by District Judge Richard L Young on 5/8/2024.(KAA)
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| Filing 7 RESPONSE to #5 Order on Motion for Leave to Proceed in forma pauperis, filed by Plaintiff MATTHEW THOMAS GISLER, JR. (Attachments: #1 Envelope)(TPS) |
| Filing 6 CONSENT to Jurisdiction to US Magistrate Judge by MATTHEW THOMAS GISLER, JR. (TPS) |
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Filing 5
ORDER granting #2 MOTION FOR IFP STATUS AND DISMISSINGCOMPLAINT: In sum, as currently pled, Gisler's claim is barred by sovereign immunity because he sued the Post Office and not the United States. As a result, the complaint is DISMISSED without prejudice. The court GRANTS Gisler leave to amend his complaint to fix the issues identified in this Entry. Should he choose to do so, Gisler should file an amended complaint by May 3, 2024. That amended complaint should list the United States as the Defendant and describe how the United States was responsible for Gisler's fall (such as by describing how a Post Office employee blocked his path or what made the entryway hazardous). Failure to file an amended complaint by May 3, 2024, will result in the dismissal of this action without prejudice for a lack of subject matter jurisdiction. See Order for details. Signed by District Judge Richard L Young on 4/10/2024. Copy mailed to Plaintiff. (LF)
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| 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 MATTHEW THOMAS GISLER, JR. (CCG) |
| Filing 1 COMPLAINT against UNITED STATES POST OFFICE, filed by MATTHEW THOMAS GISLER, JR. (No fee paid with this filing) (CCG) |
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| Plaintiff: MATTHEW THOMAS GISLER, JR. | |
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| Defendant: UNITED STATES POST OFFICE | |
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