GAMMON v. CITY OF INDIANAPOLIS

District Court, S.D. Indiana·Decided April 7, 2025·No. 1:23-cv-01413·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION MICHELLE GAMMON, ) ) Plaintiff, ) ) v. ) No. 1:23-cv-01413-JPH-MJD ) CITY OF INDIANAPOLIS, ) KENNETH PIERCE, ) ) Defendants. ) ORDER DISMISSING REMAINING STATE-LAW CLAIM AND DIRECTING ENTRY OF FINAL JUDGMENT On March 4, 2025, the Court granted Defendants’ motion for summary judgment as to Plaintiff Michelle Gammon's § 1983 claims against them. Dkt. 65 at 20. The Court gave the parties until April 4, 2025 to show cause why the Court should not relinquish jurisdiction over Ms. Gammon's state-law claim against Officer Pierce. Id. The Court informed the parties that if they did not respond by that show-cause deadline, the state-law claim would be dismissed without prejudice. Id. The deadline to respond has now passed, and no parties have responded. Accordingly, Ms. Gammon's state-law claim against Officer Pierce is dismissed without prejudice. Final judgment shall issue by separate entry.! SO ORDERED. Date: 4/7/2025 Pak ra + ate: 4/7/ James Patrick Hanlon United States District Judge Southern District of Indiana

1 The notice of appeal filed by Ms. Gammon on March 31 does not prevent this Court from entering final judgment. Because this notice of appeal was premature, the Court "act[s] within its jurisdiction by patching up the judgment to allow appellate review." Wis. Mut. Ins. Co. v. United States. 441 F.3d 502. 505 (7th Cir. 2006).

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Related

Wisconsin Mutual Insurance Co. v. United States
441 F.3d 502 (Seventh Circuit, 2006)