SMITH v. UNITED STATES et al
| ERIC D. SMITH |
| JOHNNY K. DAVIS, HOPE C. RAMPY, CHRISTINE WORMUTH and RYAN E. COLLINS |
| 1:2024cv01174 |
| July 12, 2024 |
| U.S. District Court for the Southern District of Indiana |
| Kellie M Barr |
| Matthew P Brookman |
| Civil Rights: Jobs |
| 29 U.S.C. § 621 Job Discrimination (Age) |
| Plaintiff |
Docket Report
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| Filing 17 NOTICE of Deposition by Written Questions, filed by Plaintiff ERIC D. SMITH. (BAA) |
Filing 16
ORDER granting in part and denying in part #14 MOTION for Reconsideration -Plaintiff's remaining claims entitle him to injunctive relief alone. The Plaintiff's Motion (Docket No. #14 ) is GRANTED in part to the extent that his APA and 35-38- 9-10 claims may proceed and is DENIED in part to the extent that his ADEA claim remains dismissed. Following this Order, the Plaintiff's claims for injunctive relief from religious discrimination, injunctive relief pursuant to the APA, and injunctive relief pursuant to I.C. 35-38-9-10 remain. SEE ORDER. Copy sent to Plaintiff via US Mail. Signed by District Judge Matthew P. Brookman on 9/3/2024. (JRB)
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| Filing 15 Submission of Proposed Order, re #14 MOTION for Reconsideration, filed by Plaintiff ERIC D. SMITH. (JSR) |
| Filing 14 MOTION to Reconsider Dismissing Claims, filed by Plaintiff ERIC D. SMITH. (JSR) |
| Filing 13 NOTICE of Lawsuit & Waiver Issued by Clerk as to Christine Wormuth, Major General Johnny K. Davis, Major General Hope C. Rampy, and Lt. Col. Ryan E. Collins. (JRB) |
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Filing 12
ORDER - Mr. Smith's claim for injunctive relief from religious discrimination shall proceed. (Docket No. #11 ). All other claims included in Mr. Smith's second Amended Complaint are dismissed. Because Plaintiff is proceeding in forma pauperis under 28 U.S.C. 1915, the Court is required to issue and service all process. 28 U.S.C. 1915(d). Accordingly, the CLERK IS DESIGNATED to issue process to Defendants in the manner specified by Rule 4(c). Process shall consist of the second Amended Complaint and its attachments (Docket No. #11 ), the Notice of Lawsuit and Request to Waive Service of a Summons, and this Order. SEE ORDER. Copy sent to distribution list via US Mail. Signed by District Judge Matthew P. Brookman on 8/22/2024.(JRB)
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| Filing 11 AMENDED COMPLAINT against RYAN E. COLLINS, JOHNNY K. DAVIS, HOPE C. RAMPY, CHRISTINE WORMUTH, filed by ERIC D. SMITH. (Attachments: #1 Exhibit)(AAS) |
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Filing 10
ORDER DENYING MOTION FOR ASSISTANCE RECRUITING COUNSEL - #5 Motion for Assistance with Recruiting Counsel is DENIED without prejudice. The Court will remain alert to changes in circumstances in this case that may warrant reconsideration of this Order. See Order for details. Signed by Magistrate Judge Kellie M. Barr on 8/6/2024 (Copy mailed to Plaintiff). (LBT)
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Filing 9
ORDER - Mr. Smith's Amended Complaint (Docket No. #7 ) is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. Additionally, Mr. Smith's named Defendants the United States and The United States Department of the Army are also DISMISSED from this action. The CLERK IS DIRECTED to remove the United States and the United States Department of the Army from this case and add Christine Wormuth, Major General Johnny K. Davis, Major General Hope C. Rampy, and Lt. Col. Ryan E. Collins as defendants. Mr. Smith has one final opportunity to file an Amended Complaint. If he so chooses, he must file by August 20, 2024. Failure to file by that date may result in this Court dismissing his case without further warning. (See Order.) Signed by District Judge Matthew P. Brookman on 8/5/2024. Copy to Plaintiff via US mail. (JSR)
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| Filing 8 NOTICE to Court, filed by Plaintiff ERIC D. SMITH (JRB) |
| Filing 7 AMENDED COMPLAINT against UNITED STATES; THE DEPARTMENT OF THE ARMY; CHRISTINE WORMUTH; MAJOR GENERAL JOHNNY K. DAVIS; MAJOR GENERAL HOPE C. RAMPY; and LT. COL. RYAN E. COLLINS, filed by ERIC D. SMITH. (Attachments: #1 Exhibit)(JRB) |
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Filing 6
ORDER granting #2 Motion for Leave to Proceed in forma pauperis - Mr. Smith's Complaint is thus screened and DISMISSED without prejudice. Mr. Smith may file an Amended Complaint. If he so chooses, he must file by August 2, 2024. Failure to file by that date may result in this Court dismissing his case without further warning. (See Order.) Copy to Plaintiff via US mail. Signed by District Judge Matthew P. Brookman on 07/19/2024. (AJG)
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| Filing 5 MOTION to Appoint Counsel, filed by Plaintiff ERIC D. SMITH. (Attachments: #1 Exhibit)(LF) |
| Filing 4 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DJH) |
| 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 ERIC D. SMITH. (Attachments: #1 Exhibit 1 -- Account Status)(DJH) |
| Filing 1 COMPLAINT against JOHN DOE, UNITED STATES, filed by ERIC D. SMITH. (No fee paid with this filing) (Attachments: #1 proof of service, #2 Exhibit 1 including emails and letter, #3 Exhibit 2 including articles and U.S. Army recruiting information,, #4 Exhibit 3 -- signatures, #5 Exhibit 4 -- message)(DJH) |
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