Summary
The United States District Court for the Northern District of Indiana dismissed Ted B. Jones’s case with prejudice after he failed to comply with an order requiring a properly completed complaint and continued submitting noncompliant filings. The court denied his pending motions to proceed in forma pauperis and for appointed counsel, imposed a two-year filing restriction subject to specified exceptions, and warned that attempts to circumvent the restriction could result in fines or more severe restrictions.
Holdings
- A plaintiff's failure to comply with an order requiring a proper amended complaint, after being warned that noncompliance would result in dismissal, warranted dismissal of the case with prejudice.
- A district court may restrict a litigant's future filings when repeated frivolous or noncompliant filings, despite prior admonitions, waste judicial resources and demonstrate continued disregard of court orders.
- The court denied Jones's pending motions for leave to proceed in forma pauperis and for appointment of counsel.
Questions Presented
- Whether the action should be dismissed because the plaintiff failed to comply with the court's order requiring a proper amended complaint.
- Whether the plaintiff's repeated frivolous and noncompliant filings justified restricting his ability to file papers in the district court.
- Whether the plaintiff's pending motions to proceed in forma pauperis and for appointment of counsel should be denied.
Disposition
dismissed
Cases Cited (10)
- Jones v. Reno, et al., No. 1:94-CV-240-WCL(discussed)
- Jones v. Fort Wayne City of, et al., No. 1:96-CV-484-WCL(discussed)
- Jones v. Fort Wayne IN, et al., No. 1:97-CV-465-WCL(discussed)
- Jones v. Stoner, et al., No. 1:03-CV-303-TLS-RBC(discussed)
- Jones v. Indy City of, et al., No. 1:12-CV-111-RL-RBC(discussed)
- Jones v. Majestic Care Ctr., No. 1:24-CV-111-HAB-SLC(discussed)
- Jones v. CitiLink Bus, No. 1:25-CV-352-HAB-ALT(discussed)
- Jones v. Parkview Hospital, et al., No. 1:25-CV-372-HAB-ALT(discussed)
- Montgomery v. Davis, 362 F.3d 956, 957 (7th Cir. 2004)(applied)
- In re McDonald, 489 U.S. 180, 184 (1989)(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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