MOON et al v. FEDERAL BUREAU OF PRISONS et al, No. 2:2011cv00178 - Document 38 (S.D. Ind. 2011)
Court Description: ORDER denying as moot 34 and 35 Motions for Leave to Proceed in forma pauperis as unnecessary because he was granted in forma pauperis status; granting 36 Motion for status of case and copies of pleadings; and granting 37 Motion to Dismiss Counts 4 and 5 of amended complaint. No partial final judgment shall issue at this time. Signed by Judge Jane Magnus-Stinson on 11/28/2011. (SMD)
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MOON et al v. FEDERAL BUREAU OF PRISONS et al Doc. 38 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA DARNELL WESLEY MOON, Plaintiff, vs. FEDERAL BUREAU OF PRISONS, et al., Defendants. ) ) ) ) ) ) ) ) 2:11-cv-178-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 plaintiff’s renewed requests to proceed in forma pauperis [34 and 35] are denied as unnecessary because he was granted in forma pauperis status on July 25, 2011. Those requests [34 and 35] are also denied insofar as through them the plaintiff seeks reconsideration of the assessment of an initial partial filing fee. See Patel v. Gonzales 442 F.3d 1011, 1015-1016 (7th Cir. 2006) (“A motion to reconsider asks that a decision be reexamined in light of additional legal arguments, a change of law, or an argument that was overlooked earlier . . . .”). 2. The plaintiff’s motion for status of case and copies of pleadings [36] is granted, consistent with the following: a. The clerk shall include a copy of the docket sheet with the plaintiff’s copy of this Entry. b. The clerk shall include a copy of the amended complaint, including exhibits, with the plaintiff’s copy of this Entry. Dockets.Justia.com 3. The plaintiff’s motion to dismiss counts 4 and 5 [37] is granted, consistent with the following: a. Claims 4 and 5 of the amended complaint are dismissed. b. No partial final judgment shall issue at this time as to the claim(s) resolved in this Entry. IT IS SO ORDERED. 11/28/2011 Date: __________________ _______________________________ Distribution: Hon. Jane Magnus-Stinson, Judge United States District Court Southern District of Indiana Darnell Wesley Moon 34077-044 Terre Haute - USP Inmate Mail/Parcels P.O. Box 33 Terre Haute, IN 47808 Note to Clerk: Processing this document requires actions in addition to docketing and distribution.
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