AYALA v. UNITED STATES OF AMERICA et al
| SALOMON AYALA |
| WILLIAM E. WILSON, DOUGLAS KRUSE, KLINT STANDER, UNITED STATES OF AMERICA, K. SCHNEIDER, PAUL HARVEY and DAVID LUKENS |
| 2:2019cv00357 |
| July 26, 2019 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| James R Sweeney |
| Prisoner Petitions - Prison Condition |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 16, 2019. A more recent docket listing may be available from PACER.
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Filing 8
ORDER - The plaintiff's motion for clarification, dkt. #7 , is granted to the extent that the plaintiff is informed that this action is closed. His case is proceeding under case number 2:19-cv-00348-JPH-MJD. All future filings should be labeled with that case number. The clerk is directed to include a copy of the docket sheet for case number 2:19-cv-00348-JPH-MJD with the plaintiff's copy of this Order. Copy to Plaintiff via US Mail. Signed by Judge James R. Sweeney II on 8/16/2019. (Attachments: #1 2:19-cv-00348-JPH-MJD Public Docket Sheet) (DMW)
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| Filing 7 MOTION for Clarification, filed by Plaintiff SALOMON AYALA. (Attachments: #1 Envelope)(DMW) |
| Filing 6 FINAL JUDGMENT - The Court now enters FINAL JUDGMENT. The action is dismissed without prejudice. Copy to Plaintiff via US Mail. Signed by Judge James R. Sweeney II on 7/30/2019. (DMW) |
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Filing 5
ORDER DIRECTING CLOSURE OF THIS ACTION - On July 24, 2019, the plaintiff filed a civil complaint which was opened as case no. 2:19-cv-00348-JPH-MJD. On July 26, 2019, the plaintiff initiated this action with a complaint that is identical to the complaint filed in case no. 2:19-cv-00348-JPH-MJD, except that it adds a Federal Tort Claims Act claim against the United States. There is no reason for duplicative lawsuits which drain scarce judicial resources. Here, the plaintiff should have filed an amended complaint in case no. 2:19-cv-00348-JPH-MJD. Therefore, this action is dismissed without prejudice. The clerk is directed to: Re-docket the complaint in this action, dkt. #1 , as an amended complaint in case no. 2:19-cv-00348-JPH-MJD, administratively terminate and re-docket the motion to appoint counsel, dkt. #3 , in case no. 2:19-cv-00348-JPH-MJD, administratively terminate the motion for leave to proceed in forma pauperis, dkt. #2 , and docket this Order in case no. 2:19-cv-00348-JPH-MJD. Judgment consistent with this Order shall now issue. (See Order.) Copy to Plaintiff via US Mail. Signed by Judge James R. Sweeney II on 7/30/2019. (DMW)
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| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MAC) |
| Filing 3 MOTION to Appoint Counsel, filed by Plaintiff SALOMON AYALA. (Attachments: #1 Exhibit, #2 Envelope). (MAC) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff SALOMON AYALA. (Attachments: #1 Proposed Summons Trust Account Information, #2 Envelope). (MAC) |
| Filing 1 COMPLAINT against PAUL HARVEY, DOUGLAS KRUSE, DAVID LUKENS, K. SCHNEIDER, KLINT STANDER, UNITED STATES OF AMERICA, WILLIAM E. WILSON, filed by SALOMON AYALA. (No fee paid with this filing). (Attachments: #1 Cover Letter, #2 Envelope). (MAC) |
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