MOSIER v. TATE

District Court, S.D. Indiana

MOSIER v. TATE

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

CRAIG ANDREW MOSIER, ) ) Plaintiff, ) ) v. ) No. 1:20-cv-02777-JPH-MPB ) DOUG TATE Judge, ) JEREMY A. PEELLE Attorney, ) ) Defendants. )

ORDER DISMISSING CASE

On November 12, 2020, the Court screened Plaintiff Craig Mosier's complaint and dismissed it for failure to state a plausible claim. Dkt. 7. The Court gave Mr. Mosier through December 11, 2020 to file an amended complaint. Id. at 3. Mr. Mosier has filed an amended complaint, dkt. 8, but the amended complaint also does not state a plausible claim. Mr. Mosier's amended complaint alleges that Judge Tate and Mr. Peelle "violated many of [his] rights by way of not honoring HJR 192." Id. at 5. The amended complaint provides no facts in support and does not identify any specific federal statute, federal treaty, or provision of the United States Constitution that is at issue. 1 The amended complaint therefore does not "state a claim to relief that is plausible on its face." Ashcroft v. Iqbal,

556 U.S. 662, 678

(2009) (quoting Bell Atl. Corp. v. Twombly,

550 U.S. 544, 570

(2007)).

1 The amended complaint alleges violations of Title 18 of the United States Code. Dkt. 7 at 2. These are criminal statutes which do not give Mr. Mosier a cause of action in this Court. Mr. Mosier's claims are therefore DISMISSED with prejudice. See Paul v. Marberry,

658 F.3d 702, 704-05

(7th Cir. 2011). Finaljudgment will issue by separate entry. SO ORDERED. Date: 1/15/2021 James Patrick Hanlon United States District Judge oo, Southern District of Indiana Distribution: CRAIG ANDREW MOSIER 1605 S. Main St. Kokomo, IN 46902 Terry Wayne Tolliver BRATTAIN MINNIX GARCIA [email protected]

Reference

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