BENFORD v. FENWICK et al

Filing 13

ENTRY Concerning Selected Matters - The amended complaint (dkt 9) has been considered. The only claims dismissed pursuant to 28 U.S.C. § 1915A(b) as legally insufficient at this time are any claims based on asserted violation of the Fourth and Fifth Amendments No partial final judgment shall issue at this time as to the claim(s) resolved in this Entry. The clerk is designated, pursuant to Fed. R. Civ. P. 4(c)(3), to issue and serve process on the defendants in the manner specified by Fed. R. Civ. P. 4(d) (1) Process in this case shall consist of the amended complaint, applicable forms and this Entry. Signed by Judge Jane Magnus-Stinson on 8/22/2011. (copy to plaintiff via US mail)(VS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

LARRY BENFORD,
Plaintiff,
v.
STEVE FENWICK, et al.,
Defendants.

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2:11-cv-114-JMS-WGH

Entry Concerning Selected Matters
The court, having considered the above action and the matters which are
pending, makes the following rulings:
1.
The amended complaint (dkt 9) has been considered. The only claims
dismissed pursuant to 28 U.S.C. § 1915A(b) as legally insufficient at this time are any
claims based on asserted violation of the Fourth and Fifth Amendments. The reason for
this ruling is that the allegations of the amended complaint do not implicate a plausible
claim for relief under the protections associated with those constitutional provisions.
Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (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).
2.
No partial final judgment shall issue at this time as to the claim(s) resolved
in this Entry.
3.
The clerk is designated, pursuant to Fed. R. Civ. P. 4(c)(3), to issue and
serve process on the defendants in the manner specified by Fed. R. Civ. P. 4(d)(1).
Process in this case shall consist of the amended complaint, applicable forms and this
Entry.
IT IS SO ORDERED.

08/22/2011
Date: __________________

_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

Distribution:
Larry Benford
DOC #892701
Wabash Valley Correctional Facility
6908 S. Old U.S. Highway 41
P.O. Box 1111
Carlisle, IN 47838-1111