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Pender v. Peckham

United States District Court, S.D. Indiana, Indianapolis Division

August 14, 2014

SARAH JO PENDER, Plaintiff,
v.
PETER PECKHAM, JAMES BASINGER, ED BUSS, STEVE MCCAULEY, JANET O'NEAL, LESLIE JOHNSON, SHIRLEY WASHINGTON, VANESSA TOLBERT, MICHAEL WILKERSON, STANLEY KNIGHT, MICHAEL OSBURNE, and BRUCE LEMMON, Defendants.

ENTRY DISCUSSING COMPLAINT AND DIRECTING FURTHER PROCEEDINGS

TANYA WALTON PRATT, District Judge.

Plaintiff Sarah Jo Pender brings this action pursuant to 42 U.S.C. § 1983, alleging that the defendants violated her constitutional rights when she was confined to the Special Housing Unit at the Indiana Women's Prison. Because the plaintiff is a prisoner, her complaint is subject to the screening required by 28 U.S.C. § 1915A(b). Pursuant to this statute, "[a] complaint is subject to dismissal for failure to state a claim if the allegations, taken as true, show that plaintiff is not entitled to relief." Jones v. Bock, 549 U.S. 199, 215 (2007).

To satisfy the notice-pleading requirements of Federal Rule of Civil Procedure 8(a)(2), a complaint need only include "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed.R.Civ.P. 8(a)(2); A complaint must always... allege >enough facts to state a claim to relief that is plausible on its face.'" Limestone Development Corp. v. Village of Lemont, Ill., 520 F.3d 797, 803 (7th Cir. 2010). "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." Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009). In addition, although the requirements of notice pleading are minimal, when a plaintiff "pleads facts that show his suit is... without merit, he has pleaded himself out of court." Tregenza v. Great American Communications Co., 12 F.3d 717, 718 (7th Cir. 1993), cert. denied, 511 U.S. 1084 (1994).

Based on the foregoing screening, the action shall proceed as submitted. The clerk is designated pursuant to Federal Rule of Civil Procedure 4(c)(3) to issue process to the defendants in the manner specified by Rule 4(d)(1). Process shall consist of the complaint, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry.

IT IS SO ORDERED.


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