BILLINGS v. SOUTHSIDE HIGHSCHOOL COMMISSIONER et al

Filing 5

ENTRY - The clerk shall include a copy of the complaint with the plaintiff's copy of this Entry. Plaintiff's 2 Motion for Leave to Proceed in forma pauperis is GRANTED. The plaintiff shall have through February 15, 2013, in which to (1) supplement his complaint by setting forth the basis of this court's jurisdiction over his claim(s), and (2) show cause how any claim asserted in this action is not barred by the applicable statute of limitations. Signed by Judge Tanya Walton Pratt on 1/15/2013. Copy Mailed. (JD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
EDDIE HAROLD BILLINGS, Jr.,
Plaintiff,
vs.
SOUTHSIDE
HIGH
COMMISSIONER, et al.,

SCHOOL

Defendants.

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1:13-cv-061-TWP-TAB

Entry Directing Further Proceedings
I.
The clerk shall include a copy of the complaint with the plaintiff=s copy of
this Entry.
II.
The plaintiff’s motion to proceed in forma pauperis [Dkt. 2] is granted.
III.
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.’” 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’s allegations concern his removal from high school sometime in
the 1990s. The plaintiff shall have through February 15, 2013, in which to (1)
supplement his complaint by setting forth the basis of this court=s jurisdiction
over his claim(s), and (2) show cause how any claim asserted in this action is not
barred by the applicable statute of limitations.
IT IS SO ORDERED.

01/15/2013
Date: ______________________

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

Distribution:
Eddie Harold Billings, Jr.
503 E. Market Street
Indianapolis, IN 46201

NOTE TO CLERK: PROCESSING THIS DOCUMENT REQUIRES ACTIONS IN ADDITION TO DOCKETING AND DISTRIBUTION.