ADAMS v. BOBO et al

Filing 5

Entry Concerning Selected Matters - Claims against the John and Jane Doe 1-5 defendants are dismissed. No partial final judgment shall issue at this time as to the claims resolved in this Entry. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(2) to issue process to the named defendants. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 10/9/2012.(RSF)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

DE’LEON JOSEPH ADAMS,
Plaintiff,
vs.
M. BOBO,
W. ROBERTS,
OFFICER TYLER,
COREY POINTER,
JOHN AND JANE DOE,
Defendants.

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No. 2:12-cv-00283-JMS-WGH

Entry Concerning Selected Matters
The court, having considered the above action and the matters which are
pending, makes the following rulings:
1.
Plaintiff Adams is a prisoner as defined in 28 U.S.C. § 1915(h). His civil
rights complaint is therefore subject to the screening required by 28 U.S.C. § 1915A(b).
Pursuant to §1915A(b), "[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,
127 S. Ct. 910, 921 (2007). In applying this standard, A[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. 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).

2.
Claims against the AJohn and Jane Doe 1-5@ defendants are dismissed,
because Ait is pointless to include [an] anonymous defendant[ ] in federal court; this
type of placeholder does not open the door to relation back under Fed.R.Civ.P. 15, nor
can it otherwise help the plaintiff.@ Wudtke v. Davel, 128 F.3d 1057, 1060 (7th Cir. 1997)
(internal citations omitted).
3.
No partial final judgment shall issue at this time as to the claims resolved
in this Entry.
4.
The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(2) to issue process
to the named defendants. Process shall consist of a summons. Personal service is
required. The Marshal for this District or his Deputy shall serve the summons, together
with a copy of the complaint and a copy of this Entry, on the defendants and on the
officials designated pursuant to Fed. R. Civ. P. 4(i)(2) at the expense of the United States.
IT IS SO ORDERED.
_______________________________

10/09/2012
Date: __________________

Distribution:
DE’LEON JOSEPH ADAMS
Reg. No. 04193-036
LEWISBURG U.S. PENITENTIARY
Inmate Mail/Parcels
P.O. BOX 1000
LEWISBURG, PA 17837
United States Marshal
Room 179
46 E. Ohio St.
Indianapolis, IN 46204

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