BENFORD v. FENWICK et al, No. 2:2011cv00114 - Document 13 (S.D. Ind. 2011)
Court Description: ENTRY Concerning Selected Matters - The amended complaint (dkt 9) has been considered. The only claims dismissed pursuant to 28 U.S.C. § 1915A(b) as legally insufficient at this time are any claims based on asserted violation of the Fourth and Fifth Amendments No partial final judgment shall issue at this time as to the claim(s) resolved in this Entry. The clerk is designated, pursuant to Fed. R. Civ. P. 4(c)(3), to issue and serve process on the defendants in the manner specified by Fed. R. Civ. P. 4(d) (1) Process in this case shall consist of the amended complaint, applicable forms and this Entry. Signed by Judge Jane Magnus-Stinson on 8/22/2011. (copy to plaintiff via US mail)(VS)
Download PDF
<![CDATA[
BENFORD v. FENWICK et al Doc. 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA LARRY BENFORD, Plaintiff, v. STEVE FENWICK, et al., Defendants. ) ) ) ) ) ) ) ) 2:11-cv-114-JMS-WGH Entry Concerning Selected Matters The court, having considered the above action and the matters which are pending, makes the following rulings: 1. The amended complaint (dkt 9) has been considered. The only claims dismissed pursuant to 28 U.S.C. § 1915A(b) as legally insufficient at this time are any claims based on asserted violation of the Fourth and Fifth Amendments. The reason for this ruling is that the allegations of the amended complaint do not implicate a plausible claim for relief under the protections associated with those constitutional provisions. Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (a claim has “facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged). 2. No partial final judgment shall issue at this time as to the claim(s) resolved in this Entry. 3. The clerk is designated, pursuant to Fed. R. Civ. P. 4(c)(3), to issue and serve process on the defendants in the manner specified by Fed. R. Civ. P. 4(d)(1). Process in this case shall consist of the amended complaint, applicable forms and this Entry. IT IS SO ORDERED. 08/22/2011 Date: __________________ _______________________________ Hon. Jane Magnus-Stinson, Judge United States District Court Southern District of Indiana Dockets.Justia.com Distribution: Larry Benford DOC #892701 Wabash Valley Correctional Facility 6908 S. Old U.S. Highway 41 P.O. Box 1111 Carlisle, IN 47838-1111
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
