NOTTINGHAM v. CITY OF INDIANAPOLIS

Filing 3

ORDER DENIES plaintiff's request to proceed in forma pauperis and Dismissing action (S.O.) cm . Signed by Judge Sarah Evans Barker on 4/13/06. (MAC, )

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NOTTINGHAM v. CITY OF INDIANAPOLIS Doc. 3 Case 1:06-cv-00575-SEB-VSS Document 3 Filed 04/13/2006 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA JOHN NOTTINGHAM, Plaintiff, v. CITY OF INDIANAPOLIS, Defendant. ) ) ) ) ) ) ) ) 1 :06-cv-575-SEB-VSS ENTRY I. The clerk shall send the plaintiff a filed copy of the complaint and a filed copy of the plaintiff's request to proceed in forma pauperis. II. The plaintiff's request to proceed in forma pauperis is denied and this action is dismissed. The reasons for this disposition are the following: 1. Pursuant to 28 U.S.C. 1915(e)(2)(B), a court shall dismiss a case at any time if the court determines that the action (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief. 2. The sole defendant in this action is the City of Indianapolis. The wrongs the plaintiff alleges, however, are associated with rulings made by or proceedings conducted in state courts located in Marion County, Indiana. The City of Indianapolis does not control the state courts, nor could any sensible case be made that the City of Indianapolis could be answerable in damages for any errors in those rulings or injuries caused by them. There is a "disconnect" between the plaintiff's legal injuries and the entity he has sued in an attempt to hold responsible for those injuries. No conceivable path of reasoning or of authority could support this effort. 3. In short, the complaint fails to state a viable claim against the defendant, and hence must be dismissed at this early point regardless of the plaintiff's financial circumstances. Judgment consistent with this Entry shall now issue. IT IS SO ORDERED. _______________________________ SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana Date: 04/13/2006 NOTE TO CLERK: PROCESSING THIS DOCUMENT REQUIRES ACTIONS IN ADDITION TO DOCKETING AND DISTRIBUTION. Dockets.Justia.com

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