BATES v. STATE OF INDIANA et al, No. 1:2013cv00548 - Document 9 (S.D. Ind. 2013)
Court Description: ENTRY - Claims which accrued more than two years before the filing date of April 1, 2013, are dismissed for failure to state a claim upon which relief can be granted because of their obvious untimeliness. No final judgment shall issue at this time as to the claims dismissed in this Entry. The plaintiff shall have through June 5, 2013, in which to file an amended complaint asserting claims not dismissed in Part I of this Entry. Signed by Judge Tanya Walton Pratt on 5/9/2013. Copy Mailed. (JD)
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BATES v. STATE OF INDIANA et al Doc. 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION CECIL A. BATES, Plaintiff, v. STATE OF INDIANA, et al., Defendants. ) ) ) ) ) ) ) ) No. 1:13-cv-548-TWP-MJD Entry Discussing Selected Matters I. A suit under 42 U.S.C. ยง 1983 must be filed within the time allowed by state law for personal injury actions. Wilson v. Garcia, 471 U.S. 261 (1985). In Indiana, that period is two (2) years. Logan v. Wilkins, 644 F.3d 577, 581 (7th Cir. 2011); Behavioral Inst. of Ind., LLC v. Hobart City of Common Council, 406 F.3d 926, 929 (7th Cir. 2005); Forman v. Richmond Police Department, 104 F.3d 950 (7th Cir. 1997) ("[T]he two-year Indiana statute of limitations for personal injuries (IND. CODE ' 34-1-2-2) applies to ' 1983 claims.") (citing Perez v. Sifel, 57 F.3d 503, 505 (7th Cir. 1995)). Claims which accrued more than two years before the filing date of April 1, 2013, are dismissed for failure to state a claim upon which relief can be granted because of their obvious untimeliness. II. No final judgment shall issue at this time as to the claims dismissed in this Entry. Dockets.Justia.com III. The plaintiff shall have through June 5, 2013, in which to file an amended complaint asserting claims not dismissed in Part I of this Entry. IT IS SO ORDERED. 05/09/2013 Date: __________________ Distribution: Cecil Bates 745 W. 32nd St. Indianapolis, IN 46208 ________________________ Hon. Tanya Walton Pratt, Judge United States District Court Southern District of Indiana
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