Collins v. Goff et al

Filing 51

OPINION AND ORDER: The Court DISMISSES this case, without prejudice. Signed by Judge Jon E DeGuilio on 12/9/19. (Copy mailed to pro se parties via certified #7003 1680 0005 6489 9693, 9709, 9716 and 9723). (nal)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
ROBERT A. COLLINS,
Plaintiff,
v.
CHRISTOPHER M. GOFF, ROBERT
McCALLEN, ANDREW ANTRIM,
BRYAN MICHAUD, JOSEPH W.
EDDINGFIELD, JORDAN L. TANDY,
SCOTT LONG, JOHN H. STEPHENS,
WABASH CITY POLICE DEP’T,
DAVID VANDERMARK, CLAYTON
BIDDLE, PENNY BIDDLE and
JEFFREY DEAN,
Defendants.

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Case No. 3:18-CV-201-JD

OPINION AND ORDER
Pro se plaintiff Robert A. Collins filed a complaint against thirteen defendants, including
three state court judges, one state court prosecutor, two private attorneys, three private
landowners, the president of Vandermark, Inc. (a building company), and Wabash, Indiana’s
mayor, building commissioner, and police department, alleging violations of 42 U.S.C. § 1983.
As best the Court could discern from the allegations of the complaint, Collins contended that the
defendants conspired to deprive him of various state rights.
In response to various defense motions, the Court entered an order stating the following:
While the shortcomings of the complaint detailed herein limit the ability to assess
the potential merit of Collins’ pro se claims, the Court believes justice so requires
giving Collins an opportunity to file an amended complaint because he is
proceeding pro se and may indeed be able to plead a viable claim concerning
constitutional harms. Collins may obtain a copy of this Court’s approved form –
Civil Complaint (INND Rev. 8/16) – on the Court website at
https://www.innd.uscourts.gov/sites/innd/files/CvCmplt.pdf. If he chooses to file
an amended complaint, he must put the cause number of this case on it, which is
on the first page of this Order. He should name the individuals responsible for his

claims as defendants (unless they are immune) and must describe his interactions
with each defendant in detail, including names, dates, locations, and explain how
each defendant was responsible for violating his federal rights. He should also
avoid using pronouns such as “they” and “theirs” and he should not generally
refer to “a defendant” or “the defendants.”
[DE 50]. The Court gave Mr. Collins until February 11, 2019, to file an amended complaint and
explicitly cautioned him that if he did not respond by this deadline, then the case would be
dismissed without further notice. Mr. Collins has wholly failed to prosecute this action despite
detailed directions attempting to assist him. Because the deadline passed almost ten months ago
and Mr. Collins has not amended his complaint, the Court DISMISSES this case, without
prejudice.
SO ORDERED.
ENTERED: December 9, 2019
/s/ JON E. DEGUILIO
Judge
United States District Court

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