Case: Pullins v. Radio One Inc.

1:20-cv-01313 | U.S. District Court for the Southern District of Indiana

Filed Date: May 5, 2020

Closed Date: April 29, 2021

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Case Summary

On May 5, 2020, a pro se plaintiff filed a one-paragraph handwritten complaint in the Southern District of Indiana against Radio One Inc. for conspiracy and tortious interference in a campaign for federal office and civil rights violations. The plaintiff alleged that Radio One conspired with other news outlets serving the African-American community in Indianapolis to exclude the plaintiff, who was a Democratic congressional candidate, from being interviewed. The plaintiff alleged that he was th…

On May 5, 2020, a pro se plaintiff filed a one-paragraph handwritten complaint in the Southern District of Indiana against Radio One Inc. for conspiracy and tortious interference in a campaign for federal office and civil rights violations. The plaintiff alleged that Radio One conspired with other news outlets serving the African-American community in Indianapolis to exclude the plaintiff, who was a Democratic congressional candidate, from being interviewed. The plaintiff alleged that he was the only candidate calling for the incumbent congressional representative to address harassment allegations and whether taxpayer funds were used to settle complaints against the incumbent. The plaintiff alleged that the station manager and radio talk show host conspired to deliberately exclude him from interviews and that the conspiracy targeted the African-American community to affect the outcome of the federal election. The complaint did not include specific causes of action nor desired relief.

Nearly a year later, on April 29, 2021, following multiple court orders to pay the filing fee associated with the complaint, extensions to file amended complaints and serve defendants, and orders to show cause, the court dismissed the action without prejudice for lack of service. The court made no findings on the merits of the case, nor were any substantive filings made beyond the complaint. The case is closed.

Summary Authors

Rebecca Shore (12/5/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17129415/parties/pullins-v-radio-one-inc-wtlc/


Judge(s)

Sweeney, James Russell (Indiana)

Attorney for Plaintiff

PULLINS, PIERRE Q. (Indiana)

Attorney for Defendant

WTLC, RADIO ONE (Indiana)

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Documents in the Clearinghouse

Document
1

1:20-cv-01313

Complaint for Conspiracy and Tortious Interference in a Campaign for Federal Office and Civil Right Violation

Pullins V. Radio One Inc Wtlc

May 5, 2020

May 5, 2020

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17129415/pullins-v-radio-one-inc-wtlc/

Last updated Aug. 9, 2025, 10:24 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against RADIO ONE INC WTLC, filed by PIERRE Q. PULLINS. (No fee paid with this filing) (REO) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

Clearinghouse

Magistrate Judge Notice of Availability to Exercise Jurisdiction

May 5, 2020

May 5, 2020

PACER
2

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
3

Order Directing Further Proceedings - Plaintiff shall have through June 15, 2020, in which to either pay the $400.00 filing fee for this action or demonstrate that he lacks the financial ability to do so by submitting an affidavit setting forth the income and assets he possesses, indicating that he is unable to prepay the fees, and stating his belief that he is entitled to re- dress. See 28 U.S.C. § 1915(a). A form request to proceed without pre-paying the filing fee is attached hereto. (Copy to Plaintiff via U.S. mail) Signed by Judge James R. Sweeney II on 5/12/2020. (Attachments: # 1 Exhibit 1)(JDC) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
4

MOTION to Consolidate Civil Actions (with Cause Number 1:20-cv-01221-JMS-DLP), filed by Plaintiff PIERRE Q. PULLINS. (DWH) (Entered: 06/01/2020)

May 29, 2020

May 29, 2020

PACER
5

CONSENT to Jurisdiction to US Magistrate Judge by PIERRE Q. PULLINS. (DWH) (Entered: 06/02/2020)

June 1, 2020

June 1, 2020

PACER
6

Order - Pro se Plaintiff Pierre Pullins filed a Complaint on May 5, 2020, without paying the filing fee. (ECF No. 1). This Court therefore ordered Pullins to either pay the $400.00 filing fee or demonstrate that he lacks the financial ability to do so by June 15, 2020. (ECF No. 3). As of the date of this Order, Pullins has neither paid the filing fee nor requested to proceed in forma pauperis. Instead, he filed a Motion to Consolidate Civil Actions (ECF No. 4). Pullins requests the Court consolidate this action with cause number 1:20-cv-01221-JMS-DLP. Local Rule 42-1 requires a party seeking to consolidate two or more civil actions to file the motion in the case with the earliest docket dumber and to file a notice of the motion in all the other cases. Pullins filed a Motion to Consolidate Civil Actions (ECF No. 7) in cause number 1:20-cv-01221-JMS-DLP, the earlier cause number, which was denied. (ECF No. 11). Therefore, the Court will construe the motion before this Court ECF No. 4 as a notice, in accordance with Local Rule 42-1, and denies it as moot. The Court further notes that Pullins has not yet paid the filing fee nor demonstrated his lack of ability to do so. Pullins shall have until July 14, 2020 to pay the filing fee or file a motion for leave to proceed without paying the filing fee using the forms sent to him in the Court's previous Order. (Copy to Plaintiff via U.S. mail) Signed by Judge James R. Sweeney II on 6/24/2020. (JDC) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
7

MOTION for Extension of Time to File Amended Complaint, filed by Plaintiff PIERRE Q. PULLINS. (JDC) (Entered: 07/10/2020)

July 8, 2020

July 8, 2020

PACER
8

Order Granting Motion for Extension of Time (ECF No. 7) - This matter comes before the Court on Plaintiff Pierre Q. Pullins's Motion for Extension of Time to File Amended Complaint. ECF No. 7 . This Court's previous Order (ECF No. 6) ordered Plaintiff to pay the filing fee of Four Hundred Dollars ($400) by July 14, 2020. Therefore, Plaintiff shall have until August 24, 2020 to pay the filing fee and, if he so chooses, to file an amended complaint. Failure to pay the filing fee may result in the dismissal of this action without further notice for failure to prosecute and failure to comply with Court orders. (Copy to Plaintiff via U.S. mail). Signed by Judge James R. Sweeney II on 7/28/2020. (JDC) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
9

MOTION for Extension of Time to File Amended Complaint, filed by Plaintiff PIERRE Q. PULLINS. (JDC) (Entered: 08/25/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
10

Order - Plaintiff's Motion for an Extension of Time ECF No. 9 is granted to the extent Pullins is granted an extension until September 24, 2020 within which to pay the filing fee and, if he so chooses, to file an amended complaint. Pullins commenced this action on May 5, 2020 and has been granted a prior extension of time within which to pay the filing fee. No further extensions of time to pay the fee should be anticipated. Failure to pay the fee may result in the dismissal of this action without further notice for failure to prosecute and failure to comply with the Court's orders. (Copy to Plaintiff via U.S. mail) Signed by Judge James R. Sweeney II on 8/28/2020. (JDC) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
11

RECEIPT #IP070932 for filing fee in the amount of $400.00, paid by Plaintiff. (REO) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER

Receipt

Sept. 24, 2020

Sept. 24, 2020

PACER
12

ORDER TO SHOW CAUSE - Pierre Q. Pullins filed a complaint in this action on May 5, 2020. He did not pay the filing fee at that time. The Court ordered him to pay the filing fee or demonstrate that he should be allowed to proceed without prepaying the filing fee. Then Pullins sought and was granted two enlargements of time within which to pay the filing fee, and the filing fee was paid. Plaintiff is ordered to show cause by February 26, 2021 why this action should not be dismissed without prejudice for Plaintiff's failure to serve the defendant within 90 days after the filing of the complaint. (Copy to Plaintiff via U.S. mail). Signed by Judge James R. Sweeney II on 2/3/2021.(JDC) (Entered: 02/04/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
13

MOTION for Extension of Time to Serve Defendants and Response re 12 Order to Show Cause, filed by Plaintiff PIERRE Q. PULLINS. (JDC) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
14

Entry Directing Service to be Made - The Court previously ordered Plaintiff to show cause why this action should not be dismissed without prejudice for failure to serve Defendant in a timely manner. Having considered Plaintiff's response to the Show Cause Order, the Court finds that the Show Cause Order should be discharged and Plaintiff is allowed to and including March 22, 2021, within which to serve Defendant. If Plaintiff fails to effect service within that time, then this action will be dismissed without prejudice. (Copy to Plaintiff via U.S. mail) Signed by Judge James R. Sweeney II on 3/1/2021.(JDC) (Entered: 03/02/2021)

March 1, 2021

March 1, 2021

PACER
15

ORDER - Plaintiff's Request for an Additional Thirty Days to Serve Defendants ECF No. 13 is DENIED AS MOOT, in light of the Court's Entry Directing Service to be Made [ECF No. 14]. (Copy to Plaintiff via U.S. mail) Signed by Judge James R. Sweeney II on 3/3/2021. (JDC) (Entered: 03/03/2021)

March 3, 2021

March 3, 2021

PACER
16

DISMISSAL for Lack of Service. Signed by Judge James R. Sweeney II on 4/29/2021 Copy sent to Mr. Pullins via US Mail(CBU) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

RECAP
17

CLOSED JUDGMENT-This action is dismissed without prejudice for lack of service.. Signed by Judge James R. Sweeney II on 4/29/2021 Copy sent to Mr. Pullins via US Mail(CBU) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

RECAP

Case Details

State / Territory: Indiana

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: May 5, 2020

Closing Date: April 29, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Private party

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Radio One Inc, Private Entity/Person

Case Details

Causes of Action:

Criminal Conspiracy to Violate Federal Rights, 18 U.S.C. § 241

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Voting:

Voting: General & Misc.