BILLINGS v. FBI DEPARTMENT DIVISION

Filing 9

ENTRY - This explains why the present action, in which an agency of the federal government is named as the defendant, must be dismissed. Judgment consistent with this Entry shall now issue. Signed by Judge Tanya Walton Pratt on 9/14/2012. Copy Mailed.(JD)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EDDIE HAROLD BILLINGS, Jr., Plaintiff, vs. FBI DEPARTMENT DIVISION, Defendant. ) ) ) ) ) ) ) ) ) 1:12-cv-1196-TWP-TAB Entry and Order Dismissing Action I. In a case such as this, where the plaintiff has been granted leave to proceed in forma pauperis., the court is authorized to dismiss an action in which the complaint fails to state a claim upon which relief can be granted. 28 U.S.C. ' 1915(e)(2)(B). A complaint falls within this category if it “alleg[es] facts that show there is no viable claim.@ Pugh v. Tribune Co., 521 F.3d 686, 699 (7th. Cir. 2008). “Absent a waiver, sovereign immunity shields the federal government and its agencies from suit.”1 This explains why the present action, in which an agency of the federal government is named as the defendant, must be dismissed. II. Judgment consistent with this Entry shall now issue. IT IS SO ORDERED. 09/14/2012 Date: __________________ 1 ________________________ Hon. Tanya Walton Pratt, Judge United States District Court Southern District of Indiana FDIC v. Meyer, 510 U.S. 471, 475 (1994); see also Lewis v. United States, 492 F.3d 565, 572 (5th Cir. 2007)(“In order to hale the federal government into a court proceeding, a plaintiff must show that there has been a valid waiver of sovereign immunity.”). Distribution: Eddie Harold Billings, Jr. 403 N. Rural Street Indianapolis, IN 46201

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