MAXIE v. INDIANA DEPARTMENT OF CORRECTIONS et al
| ROBERT J MAXIE |
| JAMES BOLDMAN, JAMES DICK, HARRY GIBBS, THOMAS D. HANLON, INDIANA DEPARTMENT OF CORRECTIONS, WILLIAM MILLER and VICTORIA VORIS |
| 1:2010cv01286 |
| October 7, 2010 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Sarah Evans Barker |
| Debra McVicker Lynch |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
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ENTRY Dismissing Insufficient Claims and Directing Further Proceedings - The court has screened his complaint as required by 28 U.S.C. § 1915A(b). Lagerstrom v. Kingston, 463F.3d 621, 624 (7th Cir. 2006). Pursuant to this statute, "[a] comp laint 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). As a result of that screening, the legally insufficient clai ms in the complaint will be dismissed, while other claims will proceed. The prayer for injunctive relief is DENIED AS MOOT. No partial final judgment shall issue at this time as to the claims resolved in this Entry. The action shall proceed as to the claims for damages against defendants Sgt.William Miller and Captain Harry Gibbs in their individual capacities. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue and serve process on these defendants in the manner specified by Fed. R. Civ. P. 4(d)(1). Process shall consist of the complaint, applicable forms and this Entry. Signed by Judge Sarah Evans Barker on 12/17/2010. cm (S.E.)(CKM) Modified on 12/20/2010 (CKM). Modified on 12/20/2010 (CKM).
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