BOWERS v. GAUNT et al
| EUGENE BOWERS |
| THOMAS J. GAUNT and DONALD R. LUNDBERG |
| 1:2008cv01088 |
| August 11, 2008 |
| US District Court for the Southern District of Indiana |
| Habeas Corpus (Prison Condition) Office |
| Madison |
| Tim A. Baker |
| David Frank Hamilton |
| None |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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Filing
34
ENTRY. This cause is before the court on plaintiff's objection to the 4/3/09 ruling denying his motion for judgment to award him the dollar amount sought in civil rights complaint. Plaintiff seeks recusal of the undersigned and assignment of M agistrate Judge. Legally incorrect rulings are proper grounds for appeal, not recusal. Although the plaintiff has failed to demonstrate any legally incorrect rulings in this action, his appeal from the disposition has been docketed in the Court of Appeals and is proceeding. This provides the proper forum in which his arguments can be addressed. His objection to the ruling of 4/3/09 (dkt. 31), treated as a request for recusal of the assigned judicial officers,is DENIED. Signed by Judge David Frank Hamilton on 5/4/2009. c/m. (LBK)
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Filing
20
ENTRY DISCUSSING POST-JUDGMENT OBJECTION TO DISPOSITION OF ACTION. Plaintiff's motion to alter or amend judgment (dkt 19) is DENIED. Signed by Judge David Frank Hamilton on 2/12/2009. c/m. (LBK)
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Filing
12
ENTRY DISMISSING CLAIMS AND DIRECTING FURTHER PROCEEDINGS. Applying the standards discussed herein, the court dismisses any claim based on actions or inactions the unlawfulness of which would render the plaintiff's conviction or sentence for ar med robbery in cause number 49G02-0008-CF-149750, Marion Superior Court, invalid. No partial final judgment shall issue at this time as to the claims resolved in this Entry. The plaintiff shall have through December 19, 2008, in which to file a stat ement of remaining claims as to any claims he intends to assert in this action which have not been dismissed as legally insufficient in this Entry. If no such report is entered, or if the report does not identify claims which may proceed, the court will direct the entry of final judgment in conformity with the ruling in this Entry. The clerk shall update the docket to reflect plaintiff's current address. Signed by Judge David Frank Hamilton on 12/8/2008. c/m. (LBK)
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