Ladyman v. Meade et al
OPINION AND ORDER: The Court STRIKES claims against defendants Shelley Gupta, Charles C. Wicks, and Dean O. Burton from the amended complaint as redundant, immaterial and impertinent in light of the prior ruling of September 29, 2016 [DE 20 at 9] dismissing plaintiff Ladyman's claims against these defendants with prejudice. Signed by Judge Philip P Simon on 6/20/2017. (Copy mailed to pro se party)(lhc)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
CRAIG C. LADYMAN,
NICHOLAS MEADE, et al.,
CAUSE NO. 3:14CV2038-PPS
OPINION AND ORDER
Pro se plaintiff Craig Ladyman brings this case alleging various violations of
his constitutional rights in connection with a traffic stop, the subsequent search of
his vehicle, his arrest and his prosecution. In his ruling on a motion to dismiss, the
district judge who previously presided over this case dismissed with prejudice
Ladyman’s claims against prosecutor Shelley Gupta, Elkhart Superior Court Judge
Charles C. Wicks, and Magistrate Dean O. Burton. [DE 20 at 9.] Despite this ruling,
Ladyman thereafter filed an amended complaint in which he again named Gupta,
Wicks and Burton as defendants and reiterated his claims against them. Because the
claims had been dismissed with prejudice, the inclusion of them in the amended
complaint constitutes redundant, immaterial and impertinent matter subject to being
stricken under Fed.R.Civ.P. 12(f)(1).
The claims against defendants Shelley Gupta, Charles C. Wicks, and Dean O.
Burton are stricken from the amended complaint as redundant, immaterial and
impertinent in light of the prior ruling of September 29, 2016 [DE 20 at 9] dismissing
plaintiff Ladyman’s claims against these defendants with prejudice.
ENTERED: June 20, 2017.
/s/ Philip P. Simon
United States District Court Judge
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