PENDER v. PECKHAM et al

Filing 6

ENTRY discussing complaint and Directing Further Proceedings- The action shall proceed as submitted. Signed by Judge Tanya Walton Pratt on 8/14/2014 (dist made)(CBU)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

SARAH JO PENDER,
Plaintiff,
vs.
PETER PECKHAM, JAMES BASINGER,
ED BUSS, STEVE MCCAULEY,
JANET O’NEAL, LESLIE JOHNSON,
SHIRLEY WASHINGTON, VANESSA
TOLBERT, MICHAEL WILKERSON,
STANLEY KNIGHT,
MICHAEL OSBURNE, and
BRUCE LEMMON,
Defendants.

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) Case No. 1:14-cv-1287-TWP-DML
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Entry Discussing Complaint and Directing Further Proceedings
Plaintiff Sarah Jo Pender brings this action pursuant to 42 U.S.C. § 1983, alleging that the
defendants violated her constitutional rights when she was confined to the Special Housing Unit
at the Indiana Women’s Prison. Because the plaintiff is a prisoner, her complaint is subject to the
screening required by 28 U.S.C. ' 1915A(b). Pursuant to this statute, “[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.” Jones v. Bock, 549 U.S. 199, 215 (2007).
To satisfy the notice-pleading requirements of Federal Rule of Civil Procedure 8(a)(2), a
complaint need only include “a short and plain statement of the claim showing that the pleader is
entitled to relief.” Fed.R.Civ.P. 8(a)(2); 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. 2010). “A 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). In addition,
although the requirements of notice pleading are minimal, when a plaintiff Apleads facts that
show his suit is . . . without merit, he has pleaded himself out of court.@ Tregenza v. Great
American Communications Co., 12 F.3d 717, 718 (7th Cir. 1993), cert. denied, 511 U.S. 1084
(1994).
Based on the foregoing screening, the action shall proceed as submitted. The clerk is
designated pursuant to Federal Rule of Civil Procedure 4(c)(3) to issue process to the defendants
in the manner specified by Rule 4(d)(1). Process shall consist of the complaint, applicable forms
(Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of
Summons), and this Entry.
IT IS SO ORDERED.

08/14/2014
Date: _________________

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

Distribution:
Sarah Pender
DOC #953968
Indiana's Women's Prison
2596 Girls' School Road
Indianapolis, IN 46214
Steve McCauley
Janet O’Neal
Leslie Johnson
Shirley Washington
Vanessa Tolbert
Michael Wilkerson
Peter Peckham
All at:
Indiana's Women's Prison
2596 Girls' School Road
Indianapolis, IN 46214
Michael Osburne
Bruce Lemmon
Ed Buss
Stanley Knight
James Basinger
All at:
302 W. Washington St.
Indianapolis, IN 46204