SUTTON v. UNITED STATES OF AMERICA et al
ENTRY and Order Dismissing Action - Sutton has responded, but his response falls short, and for the reasons referenced in the preceding paragraph this action is dismissed, because the complaint fails to state a claim upon which relief can be granted. Judgment consistent with this Entry shall now issue. Signed by Judge Tanya Walton Pratt on 9/4/2012. Copy Mailed.(JD)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
UNITED STATES OF AMERICA and
Entry and Order Dismissing Action
Plaintiff Varnador Sutton was given a period of time in which to show cause
why this action should not be dismissed for failure to state a claim upon which relief
can be granted based on earlier observations in the case that the claim against
defendant Ong appears to be barred by prosecutorial immunity, see Fields v.
Wharrie, 672 F.3d 505, 510 (7th Cir. 2012)(“A prosecutor is absolutely immune from
suit for all actions and decisions undertaken in furtherance of his prosecutorial
duties.”)(citing Imbler v. Pachtman, 424 U.S. 409, 410 (1976)), whereas no Bivens
claim can be asserted against the United States. See FDIC v. Meyer, 510 U.S. 471,
475 (1994)("Absent a waiver, sovereign immunity shields the Federal Government
and its agencies from suit.").
Sutton has responded, but his response falls short, and for the reasons
referenced in the preceding paragraph this action is dismissed pursuant to 28
U.S.C. § 1915A(b) because the complaint fails to state a claim upon which relief can
Judgment consistent with this Entry shall now issue.
IT IS SO ORDERED.
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana
All Electronically Registered Counsel
Registration Number is 59257-019
P.O. Box 150160
Atlanta, GA 30315
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