BILLINGS v. LOYD et al
Filing
11
ENTRY and ORDER Dismissing Action - The complaint thus fails to state a claim upon which relief can be granted. The dismissal of the action pursuant to 28 U.S.C. § 1915(e)(2)(B) is now mandatory. Judgment consistent with this Entry shall now issue. (SEE ENTRY). Signed by Judge Jane Magnus-Stinson on 9/26/2012. (copy to Plaintiff via US Mail)(JKS)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
EDDIE HAROLD BILLINGS,
vs.
DUDLEY, et al.,
)
)
Plaintiff,
)
)
)
)
)
)
Defendants. )
1:12-cv-1037-JMS-TAB
Entry and Order Dismissing Action
I.
The plaintiff sues a Johnson County judge and prosecuting attorney, and
perhaps the Jail Division of the Johnson County Sheriff’s Department, alleging that
he was wronged by these defendants in “approx[imately the] year 2000.” Precisely
what the defendants did which was wrongful is unclear, just as is the relief the
plaintiff seeks. When asked to clarify this by stating a plausible claim against each
of the defendants, and having also been informed of what is required to state a
plausible claim, the plaintiff demurred, referring only to his complaint.
It is apparent that the plaintiff’s claims are brought pursuant to 42 U.S.C. §
1983 and that any claim he had based on conduct occurring in 2000 has long since
become time-barred under Indiana’s 2-year statute of limitations. Forman v.
Richmond Police Department, 104 F.3d 950 (7th Cir. 1997) ("[T]he two-year Indiana
statute of limitations for personal injuries (IND. CODE ' 34-1-2-2) applies to § 1983
claims.") (citing Perez v. Sifel, 57 F.3d 503, 505 (7th Cir. 1995)). Despite the high
standard for dismissal, when a plaintiff Apleads facts that show his suit is time
barred or otherwise without merit, he has pleaded himself out of court.@ Tregenza v.
Great American Communications Co., 12 F.3d 717, 718 (7th Cir. 1993).
The complaint thus fails to state a claim upon which relief can be granted.
Jones v. Bock, 127 S. Ct. 910, 921 (2007)("A complaint is subject to dismissal for
failure to state a claim if the allegations, taken as true, show that plaintiff is not
entitled to relief."); Pugh v. Tribune Co., 521 F.3d 686, 699 (7th. Cir. 2008)(a
complaint falls within this category if it “alleg[es] facts that show there is no viable
claim@).
II.
The dismissal of the action pursuant to 28 U.S.C. § 1915(e)(2)(B) is now
mandatory.
Judgment consistent with this Entry shall now issue.
IT IS SO ORDERED.
09/26/2012
Date: _________________
Distribution:
Eddie Harold Billings, Jr.
403 N. Rural Street
Indianapolis, IN 46201
_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana
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