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James v. United States Bureau of Alcohol, Tobacco, Firearms and Explosives Agency

United States District Court, S.D. Indiana, New Albany Division

June 11, 2014

KENYATTA TYRONE JAMES, Plaintiff,
v.
UNITED STATES BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (ATF) AGENCY, AGENT CHARLEY A.SCARBER, AGENT TODD E. TREMAINE, AGENT BRETT W. FINAL, and AGENT JUSTIN C. DEMAREE, Defendants.

ENTRY AND ORDER DISMISSING ACTION

TANYA WALTON PRATT, District Judge.

Plaintiff Kenyatta Tyrone James ("Mr. James"), an inmate confined in a Kentucky prison, has filed an Amended Complaint (Dkt. 58), pro se, alleging violations "under 42 U.S.C. § 1983 or under Bivens v. Six Unknown Federal Narcotics Agents". Because he is a prisoner as defined in 28 U.S.C. § 1915(h), the Amended Complaint is subject to the screening requirement of 28 U.S.C. § 1915A(b). Lagerstrom v. Kingston, 463 F.3d 621, 624 (7th Cir. 2006). For the reasons stated below the matter is DISMISSED.

I. BACKGROUND

Through his Amended Complaint, filed on October 29, 2913, Mr. James seeks compensatory and punitive damages, an order terminating a federal investigation, and a business license. The Defendants in the Amended Complaint are the United States Bureau of Alcohol, Tobacco, Firearms and Explosives ("the ATF"), a federal agency, ATF Special Agent Charley A. Scarber, in his individual capacity, ATF Special Agent Todd E. Termaine, in his individual capacity, ATF GS Brett W. Final, in his individual capacity, and ATF Special Agent Justin C. Demaree, in his individual capacity.

Mr. James alleges in his Amended Complaint that:

• On February 12, 2007, he was arrested while traveling South on U.S. Highway 31.
• On August 18, 2007, he was stopped and his vehicle was searched on an interstate highway near Flagstaff, Arizona.
• On January 15, 2008, he was traveling North on U.S. Highway 31 when he was stopped and arrested.
• At some point thereafter, Defendant Scarber made false statements in support of an application for a search warrant for the his home.
• The search warrant was executed, no evidence of crime was discovered, but a large amount of United States currency was found and seized.
• On April 14, 2008, a federal court in Kentucky authorized the placement of a tracking
device on his family vehicle and Mr. James explains that this was authorized as a result of fraud and misconduct.

• On February 14, 2009, he was arrested by a fugitive task force in Jeffersonville, Indiana.

• On February 18, 2009, Defendant Scarber placed a "fraudulent detainer" against him with ...

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