Tyra et al v. 6000 acres of land et al

Filing 6

OPINION AND ORDER: This case is DISMISSED under 28 U.S.C. § 1915A. Signed by Judge Robert L Miller, Jr on 11/17/2021. (Copy mailed to pro se party)(bas)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
MATTHEW JORDAN TYRA, UNITED
STATES OF AMERICA,
Plaintiffs,
v.

CAUSE NO. 3:21-CV-531-RLM-MGG

6000 ACRES OF LAND, et al.,
Defendants.
OPINION AND ORDER
Matthew Jordan Tyra, a prisoner without a lawyer, filed a complaint against
fourteen defendants. The court must review the merits of a prisoner complaint and
dismiss it if the action is frivolous or malicious, fails to state a claim upon which relief
may be granted, or seeks monetary relief against a defendant who is immune from
such relief. 28 U.S.C. § 1915A. “A document filed pro se is to be liberally construed,
and a pro se complaint, however inartfully pleaded, must be held to less stringent
standards than formal pleadings drafted by lawyers.” Erickson v. Pardus, 551 U.S.
89, 94 (2007) (quotation marks and citations omitted).
Mr. Tyra alleges that this action is being brought by the “United States of
America for the taking of property under the power of eminent domain and for the
ascertainment and award of just compensation to the owner[]s and parties of . . .
interest.” ECF 1 at 1. He asserts the authority for taking the property is his for
eternity as an “act of Tyra.” Id. The property will be used for jobs and also as a home
for healthy living, education, safe sex, and raising a child to be married off. Id. at 1-

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2. Mr. Tyra claims the property belonged to his Native American ancestors and
Native Americans as well as others may claim some interest in the property. Id. at 2.
Thus, he demands that the property be condemned and that just compensation for
the taking of the property be ascertained. Id.
Mr. Tyra has sued 6000 Acres of Land, Robert Rheam, Unknown Owners,
Stacey Brenderburge, Donaven Patrick Lamb, David Tyra, Elizabeth Tyra, Circle K,
Aldies, Vickie Brittney Culley, Shian Royce, Johnny Weaver, Shannen Fagen, and
George Tyra. “In order to state a claim under [42 U.S.C.] § 1983 a plaintiff must
allege: (1) that defendants deprived him of a federal constitutional right; and (2) that
the defendants acted under color of state law.” Savory v. Lyons, 469 F.3d 667, 670
(7th Cir. 2006). While Mr. Tyra seems to allege that he or others may have a claim or
interest in property that was taken from his Native American ancestors, he doesn’t
identify any specific federal constitutional right that was violated as a result of the
alleged taking of property. Nor do these allegations call to mind the violation of any
such right. Therefore, he hasn’t stated a plausible constitutional claim against any of
the fourteen defendants.
“The usual standard in civil cases is to allow defective pleadings to be
corrected, especially in early stages, at least where amendment would not be futile,”
Abu-Shawish v. United States, 898 F.3d 726, 738 (7th Cir. 2018), but “courts have
broad discretion to deny leave to amend where . . . the amendment would be futile.”
Hukic v. Aurora Loan Servs., 588 F.3d 420, 432 (7th Cir. 2009). For the reasons
previously explained, that is the situation this case presents.

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For these reasons, this case is DISMISSED under 28 U.S.C. § 1915A.
SO ORDERED on November 17, 2021
s/ Robert L. Miller, Jr.
JUDGE
UNITED STATES DISTRICT COURT

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