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)

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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. ) ) ) ) ) ) ) ) ) ) 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

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