ANNAMALAI v. SEIREVELD et al
| ANNAMALAI ANNAMALAI |
| ASHOK ANNAMALAI, JOHN DOE BASKERVILLE, TODD BROWN, GREG BURGESS, STEVEN COPE, JOHN DOES 1-50, KATHLEEN KENNY and KATHERINE SEIREVELD |
| 2:2017cv00274 |
| June 14, 2017 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Mark J. Dinsmore |
| William T. Lawrence |
| Prisoner Petitions - Prison Condition |
| 28 U.S.C. ยง 1442 Petition for Removal |
| Plaintiff |
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Filing
56
Entry Dismissing Amended Complaint as Frivolous and Malicious And Directing Entry of Final Judgment - This action was removed from Vigo County Superior Court to this Court on June 14, 2017, on the basis, among others, that the individual federal e mployees were acting within the scope of their employment at the time the claims arose. 28 U.S.C. § 2679(d)(2). In the Entry of June 20, 2017, docket 5, the Court screened the complaint in accordance with 28 U.S.C. § 1915A(b). The Court d ismissed a number of parties and noted that some claims were misjoined. For the reasons stated herein, any FTCA claim is dismissed without prejudice for failure to state a claim upon which relief can be granted. The breach of contract claims are d ismissed for failure to state a claim upon which relief can be granted and as frivolous and malicious. To the extent the plaintiff attempts to also bring a claim alleging that the defendants have "acted in concert with the RICO Enterprise kno wn as the Counter Terrorism Unit," such claim is summarily dismissed as frivolous. The entire premise of the plaintiff's amended complaint is malicious and frivolous. This action will not consume any more of the Court's resources. F or the reasons discussed in this Entry, this action is dismissed with prejudice for failure to state a claim upon which relief can be granted and as frivolous and malicious. 28 U.S.C. § 1915A. Judgment consistent with this Entry shall now issue. See Entry. Copy to plaintiff via US Mail. Signed by Judge William T. Lawrence on 1/22/2018.(APD)
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