WHATLEY v. PLAINFIELD CORRECTIONAL FACIILITY et al

Filing 26

PLEASE DISREGARD - SEE CORRECTED ENTRY 27 WITH SERVICE ADDRESSES OF NEWLY ADDED DEFENDANTS ENTRY Dismissing Insufficient Claim and Directing Service of Process. The second amended complaint has been screened and the claim against the Plainf ield Correctional Facility is dismissed because PCF is a building, not a person subject to suit. No partial final judgment shall issue as to the claim dismissed as legally insufficient. The clerk shall update the docket to show the defendants remai ning are Superintendent Wendy Knight, Chardonney Dialysis, Inc., Dr. Mishler, and Nurse Sandy Dodson. The Clerk shall issue and serve process on the Defendants per FRCP 4(d)(2). Process in this case shall consiste of the second amended complaint filed 2/25/08 and applicable forms 1A and 1B and this Entry. Signed by Judge David Frank Hamilton on 9/3/2008. c/m. (LBK) Modified on 9/3/2008 (LBK).

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA KENNETH L. WHATLEY, SR., Plaintiff, vs. PLAINFIELD CORRECTIONAL FACILITY, et al., Defendants. ) ) ) ) ) ) ) ) )

1:07-cv-1225-DFH-JMS

Entry Dismissing Insufficient Claim and Directing Service of Process I. The second amended complaint is subject to the screening requirement of 28 U.S.C. § 1915A(b). This statute directs that the court dismiss a complaint or any claim within a complaint which "(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief." Id. The claim against the Plainfield Correctional Facility ("PCF") is dismissed because the PCF is a building, not a "person" subject to suit pursuant to 42 U.S.C. § 1983. No partial final judgment shall issue at this time as to the claim dismissed as legally insufficient. II. The clerk shall update the docket to show that the defendants remaining in this action are Superintendent Wendy Knight, Chardonney Dialysis, Inc., Dr. Mishler, and Nurse Sandy Dodson. The clerk is designated, pursuant to Fed. R. Civ. P. 4(c)(2), to issue and serve process on the defendants in the manner specified by Fed. R. Civ. P. 4(d)(2). Process in this case shall consist of the second amended complaint filed on February 25, 2008 (dkt 17), applicable forms (1A and 1B), and this Entry. So ordered.

Date:

9/3/2008

DAVID F. HAMILTON, Chief Judge United States District Court

NOTE TO CLERK: PROCESSING THIS DOCUMENT REQUIRES ACTIONS OTHER THAN DOCKETING AND DISTRIBUTION.

Distribution: Kenneth L. Whatley, Sr., DOC #962809 PLAINFIELD CORRECTIONAL FACILITY 727 MOON ROAD PLAINFIELD, IN 46168