Seely v. Avery et al

Filing 28

OPINION AND ORDER DENYING 23 MOTION for Hearing by Plaintiff John Seely; DENYING AS MOOT 26 MOTION for Correction and/or Modification of Record of Proceedings by Plaintiff John Seely; GRANTING IN PART and DENYING IN PART 16 MOTION to Dismiss fo r Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by the Eleventh Amendment and Sovereign Immunity by Defendants David A Avery, Court of Appeals Clerk of, Indiana Supreme Court Clerk of. All claims against Defendant Judge David A Avery are DISMISSED. All official capacity claims against Defendant Clerk of Indiana Supreme Court and Court of Appeals are DISMISSED. Any and all individual capacity claims against Defendant Clerk of Indiana Supreme Court and Court of Appeals REMAIN PENDING. Signed by Senior Judge James T Moody on 1/7/11. (cer)

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