MARTIN v. MARNOCHA et al
| KEVIN L. MARTIN |
| JOHN M. MARNOCHA, JOHN E. BRODEN, HUGH R. HUNT, ROBERT E. HUNLEY, NANCY HARRIS VAIDIK and JEFFREY L. SANFORD |
| 2:2018cv00502 |
| November 16, 2018 |
| U.S. District Court for the Southern District of Indiana |
| Jane Magnus-Stinson |
| Doris L Pryor |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 14, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 DOCKETING STATEMENT by KEVIN L. MARTIN re #13 Notice of Appeal (DMW) |
| Filing 25 MANDATE of USCA as to #18 Notice of Appeal filed by KEVIN L. MARTIN (USCA #19-1052) - On December 21, 2018, the appellant filed a motion for extension of time to file a notice of appeal. The district court directed the clerk to treat the motion as a notice of appeal, and appeal no. 18-3723 was opened. On January 8, 2019, the appellant filed a notice of appeal, and a second appeal, 19-1052, was opened. Both filings seek to challenge the same district court judgment, and two separate appeals are not necessary. Accordingly, IT IS ORDERED that appeal no. 19-1052 is administratively CLOSED. No appellate filing fees for appeal no. 19-1052 shall be imposed. The appellant is reminded to pay the appellate filing fees or file an in forma pauperis motion in appeal no. 18-3723 by January 28, 2019. (MAT) |
| Filing 24 USCA Case Number 19-1052 for #18 Notice of Appeal filed by KEVIN L. MARTIN. (Attachments: #1 PLRA Fee Notice and Order)(LBT) |
| Filing 23 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #18 Notice of Appeal. - for Court of Appeals Use Only. (MAT) |
| Filing 22 PARTIES' SHORT RECORD re #18 Notice of Appeal - Instructions for Attorneys/Parties attached. Copy sent to plaintiff via US Mail. (MAT) |
| Filing 21 MOTION for Certificate of Appealability, filed by Plaintiff KEVIN L. MARTIN. (MAT) |
| Filing 20 MOTION to Proceed on Appeal in forma pauperis, filed by Plaintiff KEVIN L. MARTIN. (Attachments: #1 Offender Trust Account, #2 Affidavit Accompanying IFP)(MAT) |
| Filing 19 DOCKETING STATEMENT by KEVIN L. MARTIN re #18 Notice of Appeal (Attachments: #1 Letter from District Court)(MAT) |
| Filing 18 NOTICE OF APPEAL as to #7 Entry, #8 Judgment, #12 Order on Motion for Reconsideration, filed by Plaintiff KEVIN L. MARTIN. (No fee paid with this filing) (MAT) (Additional attachment(s) added on 1/8/2019: #1 Affidavit) (MAT). |
| Filing 17 MOTION to Alter or Amend Judgment, filed by Plaintiff KEVIN L. MARTIN. (MAT) |
| Filing 16 USCA Case Number 18-3723 for #13 Notice of Appeal filed by KEVIN L. MARTIN. (Attachments: #1 PLRA Fee Notice and Order)(LBT) |
| Filing 15 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #13 Notice of Appeal. - for Court of Appeals Use Only. (MAT) |
| Filing 14 PARTIES' SHORT RECORD re #13 Notice of Appeal - Instructions for Attorneys/Parties attached. Copy sent to plaintiff via US Mail. (MAT) |
Filing 12
ENTRY DISCUSSING POST-JUDGMENT MOTIONS - The plaintiff has not shown any manifest error in the dismissal of this action. Therefore, his motion to reconsider treated as a Rule 59(e) motion, dkt. #10 , is denied. The clerk shall treat the plaintiff's motion for extension of time to file a notice of appeal, dkt. 11, as his notice of appeal. To the extent the motion seeks additional time, the motion, dkt. #11 , is denied as unnecessary. SEE ORDER. Copy sent to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 12/27/2018. (JRB)
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| Filing 13 NOTICE OF APPEAL as to #7 Entry, #8 Closed Judgment, filed by Plaintiff KEVIN L. MARTIN. (No fee paid with this filing) (Attachments: #1 Exhibit)(JRB) |
| Filing 11 MOTION for Extension of Time, filed by Plaintiff KEVIN L. MARTIN. (Attachments: #1 Exhibit)(DMW) |
| Filing 10 MOTION for Reconsideration re #8 Judgment, #7 Entry, filed by Plaintiff KEVIN L. MARTIN. (DMW) |
| Filing 9 Correspondence REQUESTING COPY of Case Docket Sheet, filed by KEVIN L. MARTIN. Copy provided via US Mail. (Attachments: #1 Public Docket Sheet) (DMW) |
| Filing 8 FINAL JUDGMENT PURSUANT TO FED. R. CIV. PRO. 58 - The Court having this day made its Entry directing the entry of final judgment, the Court now enters FINAL JUDGMENT. The action is dismissed with prejudice pursuant to 28 U.S.C. 1915A(b). Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 12/6/2018. (DMW) |
| Filing 7 ENTRY DISMISSING ACTION AND DIRECTING ENTRY OF FINAL JUDGMENT - This action is dismissed for failure to state a claim upon which relief can be granted. Judgment consistent with this Entry shall now issue. This dismissal counts as a "strike" pursuant to 28 U.S.C. 1915(g). (See Entry.) Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 12/6/2018. (DMW) |
| Filing 6 RESPONSE (Complaint) re #5 Entry Granting In Forma Pauperis, Dismissing Complaint, and Directing Plaintiff to Show Cause, filed by Plaintiff KEVIN L. MARTIN. (Attachments: #1 Exhibits)(DMW) |
| Filing 5 Entry Granting In Forma Pauperis, Dismissing Complaint, and Directing Plaintiff to Show Cause - The plaintiff's motion to proceed in forma pauperis, dkt. #3 , is granted. The assessment of even an initial partial filing fee is waived because the plaintiff has no assets and no means by which to pay a partial filing fee. No initial partial filing fee is due at this time. There is no allegation that any defendant lacked the legal authority to preside over Mr. Martin's criminal cases or post- conviction proceedings. The claims asserted against the defendants are therefore dismissed for failure to state a claim upon which relief can be granted. Accordingly, the complaint must be dismissed for failure to state a claim upon which relief can be granted. The plaintiff shall have through December 21, 2018, in which to show cause why Judgment consistent with this Entry should not issue. (See Entry.) Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 11/19/2018. (DMW) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff KEVIN L. MARTIN. (Attachments: #1 Exhibit)(REO) |
| Filing 2 BRIEF/MEMORANDUM in Support, re #1 Complaint, filed by Plaintiff KEVIN L. MARTIN. (REO) |
| Filing 1 COMPLAINT against JOHN E. BRODEN, ROBERT E. HUNLEY, HUGH R. HUNT, JOHN M. MARNOCHA, JEFFREY L. SANFORD, NANCY HARRIS VAIDIK, filed by KEVIN L. MARTIN. (No fee paid with this filing) (Attachments: #1 Exhibit)(REO) |
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