JAMES v. UNITED STATES BUREAU OF ALCOHOL, TOBACCO, FIREARM, AND EXPLOSIVES (ATF) AGENCY et al

Filing 42

ENTRY denying 41 Plaintiff's motion for service of process by the United States Marshal on the defendant federal agency. Copy mailed to pltf. Signed by Judge Tanya Walton Pratt on 10/12/2012. (JLM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

KENYATTA TYRONE JAMES,
Plaintiff,
vs.
UNITED STATES BUREAU OF
ALCOHOL, TABACCO, FIREARM, AND
EXPLOSIVES (ATF) AGENCEY, et al.,
Defendants.

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No. 4:12-cv-50-TWP-DML

ENTRY
The motion for service of process by the United States Marshal on the defendant
federal agency [Dkt. 41] is denied. The complaint, including the claim against the
defendant agency, has not yet been screened as required by 28 U.S.C. § 1915A(b). Until
that occurs, and only if the claim against the federal agency is not dismissed as legally
insufficient, issuance of process to this defendant would be premature, and taking that
step in this case would be particularly problematic. See Lewis v. United States, 492 F.3d
565, 572 (5th Cir. 2007)(“In order to hale the federal government into a court
proceeding, a plaintiff must show that there has been a valid waiver of sovereign
immunity.”).

IT IS SO ORDERED.
10/12/2012
Date: _____________________

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

Distribution:
Kenyatta T. James
231675
North Point Training Center
P.O. Box 479
Burgin, KY 40310