BILLINGS v. IRS TAX OFFICE REVENUE

Filing 5

ENTRY directing further proceedings. The clerk shall include a copy of the complt with the pltfs copy of this Entry. The pltf shall have through 1/2/2013 in which to supplement his complt. Signed by Judge Tanya Walton Pratt on 12/18/2012 (copy mailed to Eddie Harold Billings, Jr.)(CBU)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
EDDIE HAROLD BILLINGS, Jr.,
Plaintiff,
vs.
IRS TAX OFFICE REVENUE,
Defendant.

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1:12-cv-1822-TWP-DKL

Entry Directing Further Proceedings
I.
The clerk shall include a copy of the complaint with the plaintiff=s copy of this
Entry.
II.
A.
A district court possesses only the jurisdiction conferred to it by Congress.
See South Carolina v. Katzenbach, 383 U.S. 301 (1966).
Congress has conferred subject matter jurisdiction on the district
courts only in cases that raise a federal question and cases in which
there is diversity of citizenship among the parties. See 28 U.S.C. ''
1331-32.
Smart v. Local 702 Intern. Broth. of Elec. Workers, 562 F.3d 798, 802 (7th Cir.
2009).
Additionally, “[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).

B.
The plaintiff shall have through January 2, 2013, in which to
supplement his complaint by (1) setting forth the basis of this court=s jurisdiction
over his claim(s), and (2) setting forth his claim(s) with facial plausibility as defined
above.
IT IS SO ORDERED.

12/18/2012
Date: __________________
Distribution:
Eddie Harold Billings, Jr.
520 E. Market St.
Indianapolis, IN 46201

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana