RIVERA v. LOCKETT et al, No. 2:2011cv00142 - Document 23 (S.D. Ind. 2012)

Court Description: Entry Dismissing Insufficient Claims and Directing Further Proceedings - Claims against the BOP are dismissed because the BOP is not a proper defendant in a Bivens action. The claims asserted against LT. Peters, C.O. Penman, Lt. Raney, and Officer Cox (corridor), are dismissed because these defendants are not alleged to have had personal involvement in the mistreatment of the plaintiff. Claims against Lt. Brace, Lt. McPhearson, Officer Wheeler, Officer Booker and Officer Iacinio are dismi ssed for failure to state a claim upon which relief can be granted. No partial final judgment shall issue at this time as to the claims resolved in this Entry. This action shall proceed against defendants Warden Lockett, Warden Marberry, Assista nt Warden Church, Captain Joiner, and Officer Cox (FCI). The clerk is designated, pursuant to Fed. R. Civ. P. 4(c)(2), to issue process to defendants Warden Lockett, Warden Marberry, Assistant Warden Church, Captain Joiner, and Officer Cox (FCI). Process shall consist of a summons. Personal service is required. (See Entry.) Copies mailed pursuant to distribution. Signed by Judge Jane Magnus-Stinson on 10/19/2012.(RSF)