BIGSBY v. STATE OF INDIANA et al
| NICK BIGSBY |
| ERIC SCHMADEKE, TIM CURRY, MARION COUNTY PROSECUTOR'S OFFICE, CARL BRIZZI and STATE OF INDIANA |
| 1:2012cv00709 |
| May 23, 2012 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tim A. Baker |
| Jane Magnus-Stinson |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
13
ENTRY - Plaintiff's 12 Motion for Relief from Order, treated as a Motion to Alter or Amend Judgment is DENIED. Signed by Judge Jane Magnus-Stinson on 8/30/2012. Copy mailed to Plaintiff via U.S. Mail. (JD)
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Filing
10
ORDER denying 9 Plaintiff's Motion - This civil rights action was dismissed on June 14, 2012, based on the court's determination that the complaint failed to state a claim upon which relief could be granted. The entry of judgment has been followed with the filing of the plaintiff's motion for relief from judgment on July 11, 2012. There was in this case no manifest error of law or fact. When assessing the complaint, the court did not misapprehend the plaintiff's cla ims or misapply the law to those claims in light of the applicable law. Accordingly, the motion for relief from judgment 9 , treated as a motion to alter or amend judgment, is denied. (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 7/25/2012. (copy to Plaintiff via US Mail) (JKS)
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Filing
6
ENTRY AND ORDER - The plaintiff's request to proceed in forma pauperis, dkt 2 is granted. The assessment of even an initial partial filing fee is not feasible at this time. For the reasons explained in Part II of this Entry, the complaint fails to state a claim upon which relief could be granted as to any of the defendants. The dismissal of the action pursuant to 28 U.S.C. § 1915A(b) is therefore mandatory. Accordingly, the plaintiff's motion to appoint counsel 3 and for service of process by the United States Marshals Service 4 are denied. Judgment consistent with this Entry shall now issue. Signed by Judge Jane Magnus-Stinson on 6/13/2012. (copy to Plaintiff via US Mail) (JKS)
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