KELLY v. TALBIT, M.D. et al

Filing 15

ENTRY - The plaintiff's supplemental complaint [dkt 13] is rejected as improperly filed. The plaintiff's motion for an order directing the clerk to issue process against Bryan Buller [dkt 12] is denied. (See order). Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 11/16/2015. (JLS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

RICHARD KELLY,
Plaintiff,
vs.
PAUL TALBIT, M.D.,
HOUMAN KIANI, M.D.,
Defendants.

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No. 1:15-cv-01529-TWP-TAB

ENTRY
The plaintiff’s supplemental complaint [dkt 13] is rejected as improperly filed. First, the
plaintiff seeks to add Bryan Buller a defendant through the supplement. The proper way to do so
is by filing an amended complaint. This Court’s Local Rule 15-1 requires that an amended
complaint completely replace the original complaint. The clerk shall terminate Bryan Buller as
a defendant.
In addition, the supplement merely states that the claims in the action include the direct
involvement of Buller. This is insufficient to state a claim against Buller. In order to survive
dismissal for failure to state a claim, “a complaint must contain sufficient factual matter, accepted
as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 129 S. Ct. 1937,
1949 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “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.” Id. (citing Twombly, 550 U.S. at
556). “A pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of

a cause of action will not do.’ Nor does a complaint suffice if it tenders ‘naked assertion[s]’ devoid
of ‘further factual enhancement.’” Id.
For the foregoing reasons, the plaintiff’s motion for an order directing the clerk to issue
process against Bryan Buller [dkt 12] is denied.
IT IS SO ORDERED.

Date: 11/16/2015

Distribution:
Richard Kelly
860033
Pendleton Correctional Facility
Electronic Service Participant – Court Only