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)

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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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