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Court

Indiana appeal court

Indiana

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Case Information

Filed 2022-07-20
Type Civil Collection
Docket 73 entries
Disposition dismiss

Docket Entries

  1. rder Issued Order - deny pauperis status Being duly advised, the Court therefore REAFFIRMS its September 27 order. This appeal remains closed to filings tendered after September 27, 2022, and the Clerk is directed to disregard any such materials. This appeal remains at an end. Judicial Officer: Rush, Loretta H. Serve: Cheswick Homeowners' Association, Inc. Serve: Johnson, Damon Serve: Johnson, Fredonia File Stamp: 10/17/2022
  2. ocument Transmitted
  3. eceived Document Receive Date: 09/27/2022 Petition to Transfer- Appellant **Untimely; Filing Fee Not Paid; does not specifically state parties served** PostmarkDate: 09/27/2022
  4. eceived Document Receive Date: 09/27/2022 Motion for Pauper- Appellant **Lacks Order from trial Court regarding pauper; tendered with miscellaneous documents** PostmarkDate: 09/27/2022
  5. rder Issued Order- Petition to transfer From September 13 through 20, Appellant tendered 10 petitions to transfer and 15, IFP motions. But none of the IFP motions included a copy of the trial court's order on in forma pauperis status, so neither the motions nor the petitions to transfer could be filed. And furthe,; attempts to cure the petition can no longer "be deemed timel, " see App. R. 23(D)(1)(b), because the Notices of Defect's deadlines to cure its defects expired last week, and "no extension of time shall be granted" to file a petition to transfer. App. R. 57(C). Being duly advised, the Court on its own motion directs the Clerk to certify the Court of Appeals' July 28 order of dismissal as final, see App. R. 65(E), and close this matter to further filings. This appeal is at an end." Judicial Officer: Rush, Loretta H. Serve: Cheswick Homeowners' Association, Inc. Serve: Johnson, Damon Serve: Johnson, Fredonia File Stamp: 09/27/2022
  6. pinion Certified Serve: Cheswick Homeowners' Association, Inc. Serve: Johnson, Damon Serve: Johnson, Fredonia Notice Date: 09/27/2022
  7. ocument Transmitted
  8. ocument Transmitted
  9. eceived Document Receive Date: 09/19/2022 Motion to Proceed on Appeal in Forma Pauperis and Affidavit in Support- Appellant**Lacks an Order issued by the trial court that addresses appellants pauper status on appeal** PostmarkDate: 09/19/2022
  10. eceived Document Receive Date: 09/19/2022 Petition to Transfer- Appellant **Filing Fee Not Paid** PostmarkDate: 09/19/2022
  11. eceived Document Receive Date: 09/19/2022 Motion for Leave to Proceed on Appeal in Forma Pauperis- Appellant**Lacks order from trial court regarding pauper status** PostmarkDate: 09/19/2022
  12. eceived Document Receive Date: 09/19/2022 Petition to Transfer- Appellant **Filing Fee Not Paid** PostmarkDate: 09/20/2022
  13. orrected Entry Petition to Transfer received 09/19/2022 should indicate postmark date of 09/19/2022
  14. eceived Document Receive Date: 09/19/2022 Petition to Transfer- Appellant **Filing Fee Not Paid** PostmarkDate: 09/19/2022
  15. eceived Document Receive Date: 09/19/2022 Motion to Proceed on Appeal in Forma Pauperis- Appellant **Lacks Order from Trial Court regarding pauper status on appeal** PostmarkDate: 09/19/2022
  16. eceived Document Receive Date: 09/19/2022 Petition to Transfer- Filing Fee Not Paid** PostmarkDate: 09/19/2022
  17. eceived Document Receive Date: 09/20/2022 Motion to Proceed on Appeal in Forma Pauperis- Appellant **Lacks Order from Trial Court Regarding Pauper Status** PostmarkDate: 09/20/2022
  18. eceived Document Receive Date: 09/20/2022 Petition to Transfer- Appellant**Filing Fee Not Paid** PostmarkDate: 09/20/2022
  19. eceived Document Receive Date: 09/16/2022 Motion to Proceed on Appeal in Forma Pauperis- Appellant **Lacks an Order issued by the trial Court regarding pauper status on appeal** PostmarkDate: 09/16/2022
  20. eceived Document Receive Date: 09/16/2022 Petition to Transfer- Appellant **Filing Fee Not Paid; Date of service not updated to reflect new service** PostmarkDate: 09/16/2022
  21. ocument Not Corrected Pursuant to Notice of Defect Issued Clerk Comments:Motion to Proceed on Appeal in Forma Pauperis- Appellant **Lacks an Order issued by the trial Court regarding pauper status on appeal** Party: Johnson, Damon Serve: Johnson, Damon Date Sent: 09/19/2022
  22. orrected Entry Document not correct entry should indicate Defect not cured
  23. otice of Defect Not Cured Letter Issued Clerk Comments:Motion to Proceed on Appeal in Forma Pauperis- Appellant **Lacks an Order issued by the trial Court regarding pauper status on appeal** Party: Johnson, Damon Serve: Johnson, Damon Issue Date: 09/19/2022
  24. otice of Defect Not Cured Letter Issued Clerk Comments:Petition to Transfer- Appellant **Filing Fee Not Paid; Date of service not updated to reflect new service** Party: Johnson, Damon Serve: Johnson, Damon Issue Date: 09/19/2022
  25. ocument Transmitted
  26. ocument Transmitted
  27. eceived Document Receive Date: 09/16/2022 Motion to Proceed on Appeal in Forma Pauperis- Appellant **Lacks Order from Trial Court Regarding Pauper Status; certificates of service not updated to reflect new service** PostmarkDate: 09/16/2022
  28. eceived Document Receive Date: 09/16/2022 Petition to Transfer- Appellant **Filing Fee not Paid; Certificate of Service not updated to reflect new service** PostmarkDate: 09/16/2022
  29. otice of Defect Not Cured Letter Issued Clerk Comments:Motion to Proceed on Appeal in Forma Pauperis- Appellant **Lacks Order from Trial Court Regarding Pauper Status; certificates of service not updated to reflect new service** Party: Johnson, Damon Serve: Johnson, Damon Issue Date: 09/16/2022
  30. otice of Defect Not Cured Letter Issued Clerk Comments:Petition to Transfer- Appellant **Filing Fee not Paid; Certificate of Service not updated to reflect new service** Party: Johnson, Damon Serve: Johnson, Damon Issue Date: 09/16/2022
  31. ocument Transmitted
  32. ocument Transmitted
  33. eceived Document Receive Date: 09/14/2022 Motion to Proceed on Appeal in Forma Pauperis and Affidavit in Support of Motion to Proceed on Appeal in Forma Pauperis- Appellant **Lacks order from trial court regarding pauper status** PostmarkDate: 09/14/2022
  34. eceived Document Receive Date: 09/14/2022 Petition to Transfer- Appellant **Filing Fee has not been paid** PostmarkDate: 09/14/2022
  35. eceived Document Receive Date: 09/15/2022 Motion to Proceed on Appeal in Forma Pauperis and Affidavit in Support- Appellant **Lacks order from trial court regarding pauper status** PostmarkDate: 09/15/2022
  36. eceived Document Receive Date: 09/15/2022 Petition to Transfer- Appellant **Filing Fee Not Paid** PostmarkDate: 09/15/2022
  37. otice of Defect Not Cured Letter Issued Clerk Comments:Petition to Transfer-Appellant **Filing Fee Has not been Paid** Party: Johnson, Damon Serve: Johnson, Damon Issue Date: 09/15/2022
  38. otice of Defect Not Cured Letter Issued Clerk Comments:Motion to Proceed on Appeal in Forma Pauperis- Appellant **Lacks Order from trial court regarding pauper status** Please specifically note Appellate Rule 40(A)(2). Party: Johnson, Damon Serve: Johnson, Damon Issue Date: 09/15/2022
  39. ocument Transmitted
  40. ocument Transmitted
  41. eceived Document Receive Date: 09/13/2022 Motion to Proceed in Forma Pauperis and Affidavit in Support- Appellant **Lacks order from trial court regarding pauper status on appeal; Certificate of Service date not updated to reflect new service** PostmarkDate: 09/13/2022
  42. eceived Document Receive Date: 09/13/2022 Motion to Proceed on Appeal in Forma Pauperis and Affidavit in Support of Motion- Appellant **Lacks Order from trial court regarding pauper status on appeal; certificate of service lacks the method of service** PostmarkDate: 09/13/2022
  43. eceived Document Receive Date: 09/13/2022 Petition to Transfer- Appellant **Filing fee not paid; date of service not updated to reflect new service** PostmarkDate: 09/13/2022
  44. eceived Document Receive Date: 09/13/2022 Notice of Appeal and Miscellaneous Documents**Appeal was dismissed** PostmarkDate: 09/13/2022
  45. eceived Document Receive Date: 09/13/2022 Motion to Proceed on Appeal in Forma Pauperis- Appellant **Certificate of service is insufficient; certificate states will serve rather than, has been served; the date of service has not been updated to reflect new service; Documents were not tendered with an order issued by the trial court regarding the appellants pauper status on appeal** PostmarkDate: 09/13/2022
  46. eceived Document Receive Date: 09/13/2022 Petition to Transfer- Appellant **Filing fee has not been paid; certificate of service has not been updated to reflect new service and states will be served rather than has been served** PostmarkDate: 09/13/2022
  47. eceived Document Receive Date: 09/13/2022 Motion and Affidavit for Pauper; Petition to Transfer; Notice of Appeal and Miscellaneous Documents- Appellant **Appears to be Duplicate filing of previously received defective documents** PostmarkDate: 09/13/2022
  48. eceived Document Receive Date: 09/14/2022 Motion and Affidavit for Pauper; Petition to Transfer; Notice of Appeal and Miscellaneous Documents- Appellant **Appears to be Duplicate filing of previously received defective documents** PostmarkDate: 09/14/2022
  49. eceived Document Receive Date: 09/14/2022 Motion and Affidavit for Pauper; Petition to Transfer; Notice of Appeal and Miscellaneous Documents- Appellant **Appears to be Duplicate filing of previously received defective documents** PostmarkDate: 09/14/2022
  50. eceived Document Receive Date: 09/14/2022 Motion and Affidavit for Pauper; Petition to Transfer; Notice of Appeal and Miscellaneous Documents- Appellant **Appears to be Duplicate filing of previously received defective documents** PostmarkDate: 09/14/2022
  51. otice of Defect Not Cured Letter Issued Clerk Comments:Motion to Proceed on Appeal in Forma Pauperis and Affidavit in Support of Motion- Appellant **Lacks Order from trial court regarding pauper status on appeal; certificate of service lacks the method of service; date of service must be updated to reflect new service and must not state will serve but rather has been served as service must occur simultaneously with filing** Party: Johnson, Damon Serve: Johnson, Damon Issue Date: 09/14/2022
  52. otice of Defect Not Cured Letter Issued Clerk Comments:Petition to Transfer- Appellant **Filing fee has not been paid; certificate of service has not been updated to reflect new service and states will be served rather than has been served as service should occur simultaneously with filing** Party: Johnson, Damon Serve: Johnson, Damon Issue Date: 09/14/2022
  53. ocument Transmitted
  54. ocument Transmitted
  55. otice of Defect Issued Motion to Proceed on Appeal in Forma Pauperis- Appellant Party: Johnson, Damon Serve: Johnson, Damon Issue Date: 09/13/2022
  56. ocument Transmitted
  57. eceived Document Receive Date: 09/10/2022 Petition to Transfer- Appellant Filing Fee Not Paid** PostmarkDate: 09/10/2022
  58. eceived Document Receive Date: 09/10/2022 Motion for Pauper- Appellant **Lacks order regarding pauper status on appeal; lacks affidavit in support of motion; certificate of service does not contain method of service** PostmarkDate: 09/10/2022
  59. otice of Defect Not Cured Letter Issued Clerk Comments:Petition to Transfer- Appellant**Filing Fee Not Paid** Party: Johnson, Damon Serve: Johnson, Damon Issue Date: 09/12/2022
  60. ocument Transmitted
  61. eceived Document Receive Date: 09/07/2022 Brief of Amicus Curiae and Addendum-appellant **Procedurally improper as no parties have established amicus curiae status; case was dismissed** PostmarkDate: 09/07/2022
  62. eceived Document Receive Date: 09/07/2022 Brief of Amicus Curiae and Addendum- Appellant **Procedurally improper; No party has established Amicus Curiae Status; case was dismissed** PostmarkDate: 09/07/2022
  63. eceived Document Receive Date: 09/08/2022 Petition to Transfer- Appellant **Filing Fee not Paid; tendered with attachment not permitted; exceeds allotted page count with insufficient word count certificate; Question presented on transfer must be page two; Certificate of service indicates insufficient method of service and does not clearly state method of service to opposing party** PostmarkDate: 09/08/2022
  64. otice of Defect Issued Petition to Transfer- Appellant Party: Johnson, Damon Serve: Cheswick Homeowners' Association, Inc. Serve: Johnson, Damon Issue Date: 09/08/2022
  65. ocument Transmitted
  66. eceived Document Receive Date: 09/06/2022 Brief of Amicus Curiae and Addendum-appellant **Appears procedurally improper as no party has been granted amicus curiae status; appeal was dismissed; document lacks cause numbers; certificate of service indicates filing in Circuit Court** PostmarkDate: 09/06/2022
  67. etter Issued Serve: Johnson, Damon Date Sent: 09/07/2022
  68. ocument Transmitted
  69. eceived Document Receive Date: 08/01/2022 Form for Post Conviction Relief Rule One Petitions- Appellant **Procedurally improper and defective** PostmarkDate: 08/01/2022
  70. etter Issued Serve: Johnson, Damon Serve: Johnson, Fredonia Date Sent: 08/02/2022
  71. ocument Transmitted
  72. rder Dismissing Appeal with Prejudice order dismissing appeal Having reviewed the matter, the Court finds and orders as follows: 1. Pursuant to Appellate Rule 9(A)(5), this appeal is dismissed with prejudice. 2. The Clerk of this Court is directed to send this order to the parties, the trial court, and the Marion Circuit and Superior Courts Clerk. 3. The Marion Circuit and Superior Courts Clerk is directed to file a copy of this order under Cause Number 49D13-2011-CC-40312, and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders. Judicial Officer: Bradford, Cale J. Serve: Cheswick Homeowners' Association, Inc. Serve: Johnson, Damon Serve: Johnson, Fredonia File Stamp: 07/28/2022
  73. ocument Transmitted

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