IN THE
SUPREME COURT OF INDIANA
MARIO L. SIMS, SR. ) Supreme Court No. 71S00-0408-SJ-388
)
vs. )
) Case No. 71D04-0405-PL-242
KEVIN MILNER ) in the St. Joseph Superior Court
ORDER REMANDING JURISDICTION TO TRIAL COURT
Comes now the Clerk of the St. Joseph Superior Court, and pursuant to Ind.Trial Rule 53.1, certifies this matter here for the appointment of a special judge.
And this Court, being duly advised, now finds that, jurisdiction of this matter should be remanded to the St. Joseph Superior Court and Judge William T. Means. The Chronological Case Summary presented to the Court does not reflect the filing of a complaint, motion for change of judge or praecipe for withdrawal of the submission.
IT IS, THEREFORE, ORDERED that jurisdiction of this matter should be remanded to the St. Joseph Superior Court and Judge William T. Means for a decision: permitting or denying the filing of plaintiff’s complaint, granting or denying a change of judge, or recusing the judge.
The Clerk of this Court is directed to forward notice of this Order to the Hon. William T. Means, St. Joseph Superior Court, 101 South Main Street, South Bend, IN 46601-1807, and to the Clerk of the St. Joseph Superior Court.
The Clerk of the St. Joseph Superior Court is directed to forward notice of this Order to all parties of record in the case below.
DONE at Indianapolis, Indiana, this _______ day of September, 2004.
________________________
Randall T. Shepard
Chief Justice of Indiana