BILLINGS v. WOODLEE et al

Filing 9

ENTRY and ORDER Dismissing Action - In a case such as this, where the plaintiff has been granted leave to proceed 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. The complaint thus fails to state a claim upon which relief can be granted. Judgment consistent with this Entry shall now issue. Signed by Judge Jane Magnus-Stinson on 12/18/2012. (copy to Plaintiff via US Mail) (JKS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
EDDIE HAROLD BILLINGS, Jr.,
Plaintiff,
vs.
JUDGE LLOYD, et al.,
Defendants.

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1:12-cv-01751-JMS-TAB

Entry and Order Dismissing Action
In a case such as this, where the plaintiff has been granted leave to proceed
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 must always . . . allege >enough facts to state a claim to
relief that is plausible on its face.=A Limestone Development Corp. v. Village of
Lemont, Ill., 520 F.3d 797, 803 (7th Cir. 2008) (quoting Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 555 (2007)). AA claim has facial plausibility when the
plaintiff pleads factual content that allows the court to draw the reasonable
inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal,
129 S. Ct. 1937, 1949 (2009).
Defendants Lloyd and Clark are without doubt entitled to absolute immunity
for the conduct attributed to them, Wright v. O'Brien, 2012 WL 5377798 (W.D.Wis.
Nov. 1, 2012), and no other coherent claim for relief is stated. 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@). The action is
dismissed.
Judgment consistent with this Entry shall now issue.
IT IS SO ORDERED.
12/18/2012
Date: __________________

_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

Distribution:
Eddie Harold Billings, Jr.
531 Oxford Street
Indianapolis, IN 46204