BATES v. STATE OF INDIANA et al

Filing 9

ENTRY - Claims which accrued more than two years before the filing date of April 1, 2013, are dismissed for failure to state a claim upon which relief can be granted because of their obvious untimeliness. No final judgment shall issue at this time as to the claims dismissed in this Entry. The plaintiff shall have through June 5, 2013, in which to file an amended complaint asserting claims not dismissed in Part I of this Entry. Signed by Judge Tanya Walton Pratt on 5/9/2013. Copy Mailed. (JD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

CECIL A. BATES,
Plaintiff,
v.
STATE OF INDIANA, et al.,
Defendants.

)
)
)
)
)
)
)
)

No. 1:13-cv-548-TWP-MJD

Entry Discussing Selected Matters
I.
A suit under 42 U.S.C. § 1983 must be filed within the time allowed by state law for
personal injury actions. Wilson v. Garcia, 471 U.S. 261 (1985). In Indiana, that period is two (2)
years. Logan v. Wilkins, 644 F.3d 577, 581 (7th Cir. 2011); Behavioral Inst. of Ind., LLC v. Hobart
City of Common Council, 406 F.3d 926, 929 (7th Cir. 2005); 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)).
Claims which accrued more than two years before the filing date of April 1, 2013, are
dismissed for failure to state a claim upon which relief can be granted because of their obvious
untimeliness.
II.
No final judgment shall issue at this time as to the claims dismissed in this Entry.

III.
The plaintiff shall have through June 5, 2013, in which to file an amended complaint
asserting claims not dismissed in Part I of this Entry.
IT IS SO ORDERED.

05/09/2013
Date: __________________

Distribution:
Cecil Bates
745 W. 32nd St.
Indianapolis, IN 46208

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