District Court, S.D. Indiana, 2021

SMITH v. BAUER

SMITH v. BAUER
District Court, S.D. Indiana · Decided August 25, 2021
SMITH v. BAUER

Trial Court Opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA

INDIANAPOLIS DIVISION

DONALD ROY SMITH, ) )

Plaintiff, ) ) v. ) ) No. 1:21-cv-02045-TWP-TAB

AUTUMN TRAILS APARTMENTS, VANDY )

MARIE BAUER, GILLIAN DOWNHAM, ) and MUHAMED BECOVIC, ) )

Defendants. )

ENTRY DISMISSING ACTION AND

DIRECTING ENTRY OF FINAL JUDGMENT

In the Entry of July 19, 2021, the Court screened the Complaint and explained that it is subject to dismissal for lack of jurisdiction pursuant to 28 U.S.C. § 1915(e)(2)(B) because there were no allegations supporting diversity jurisdiction between the parties or federal question jurisdiction (Filing No. 3). The Court gave the Plaintiff an opportunity to amend his Complaint no later than August 13, 2021, and show cause why this case should not be dismissed because of a lack of subject-matter jurisdiction.

The Plaintiff filed an Amended Complaint on August 11, 2021 (Filing No. 5); however, the filing fails to address or cure the problem of the initial Complaint concerning a lack of subject- matter jurisdiction. The Court gave notice to the Plaintiff regarding the jurisdictional deficiencies of his initial Complaint and provided him with an opportunity to respond. See Aljabri v. Holder, 745 F.3d 816, 819 (7th Cir. 2014). Because the Plaintiff has failed to cure the deficiencies of his initial Complaint, for the reasons discussed in the screening Entry, this action is dismissed for lack of jurisdiction. See 28 U.S.C. § 1915(e)(2)(B). Final judgment consistent with this Entry will be issued under separate order.

SO ORDERED.

Date: 8/25/2021 ( Nan 1 a \ atten \rcatt Hon. Tanya Walton Pratt, Chief Judge United States District Court Southern District of Indiana Distribution:

DONALD ROY SMITH

7355 Shadeland Station Way, Apt. 130

Indianapolis, IN 46256

Case-law data current through September 30, 2026. Source: CourtListener bulk data.