TYRA v. STATE OF INDIANA

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA

INDIANAPOLIS DIVISION

MATTHEW J. TYRA, ) )

Plaintiff, ) ) v. ) No. 1:21-cv-00340-JPH-MPB )

STATE OF INDIANA, ) )

Defendant. )

Order Rejecting Amended Complaint and Denying Motion to Proceed in Forma Pauperis I.

Plaintiff Matthew Tyra filed this lawsuit on February 10, 2021. Dkt. 1. The Court screened the complaint pursuant to 28 U.S.C. § 1915A and dismissed it for failure to state a claim upon which relief can be granted. Dkt. 4. The Court further noted that any challenge to the plaintiff's custody must be brought as a petition for a writ of habeas corpus, not in a civil rights case. Id. The Court gave Mr. Tyra an opportunity to file an amended complaint that states a claim for relief, but his amended complaint still did not state a claim and the Court dismissed this action on March 19, 2021. Dkt. 6, 7. Mr. Tyra has filed another amended complaint and a motion to proceed in forma pauperis. The amended complaint, dkt. [8], is rejected because no amended complaint can be filed after the entry of final judgment unless that final judgment has been vacated. Spiegel v. McClintic, 916 F.3d 611, 619 (7th Cir. 2019). Because the Court entered final judgment, this Court lacks jurisdiction to consider the motion to amend. Id. This ruling does not prevent Mr. Tyra from filing a new lawsuit asserting new claims if he chooses to do so.

II. Motion to Proceed in Forma Pauperis

Mr. Tyra's motion to proceed in forma pauperis, dkt. [9], is denied as presented because that motion does not attach a copy of the transactions associated with his institution trust account for the 6-month period preceding the filing of this action. See 28 U.S.C. § 1915(a)(2). SO ORDERED.

Date: 7/13/2021

Slam ruck lbanlove James Patrick Hanlon

United States District Judge Southern District of Indiana Distribution:

MATTHEW J. TYRA

242227

INDIANA STATE PRISON

INDIANA STATE PRISON

Inmate Mail/Parcels

One Park Row

MICHIGAN CITY, IN 46360