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JAMES EARL BERRY, Plaintiff, v. ROBERT RODDY, and MINNIE RODDY, Defendants.

Tanya Walton Pratt

Entry and Order Dismissing Action
I.

A.



The plaintiff's request for an extension of time in which to pay the initial partial filing fee [Dkt. 7] is granted. He shall have through May 21, 2013, in which to do so.

B.

Subject matter jurisdiction Adefines the court=s authority to hear a given type of case,@ United States v. Morton, 467 U.S. 822, 828 (1984), and is the first question in every case. Sherman v. Community Consol. Sch. Dist. 21 of Wheeling Twp., 980 F.2d 437, 440 (7th Cir. 1992), cert. denied, 114 S. Ct. 2109 (1994).

The plaintiff has filed a complaint in which he claims that the defendants negligently permitted their dog to cause injury to the plaintiff. The plaintiff was informed of the types of claims over which this court has been given jurisdiction, was notified that his complaint did not appear to assert such a claim, and was given a period of time in which to either withdraw his complaint or show cause why the complaint should not be dismissed for lack of subject matter jurisdiction.

The plaintiff has responded by renewing his description of the manner in which he was injured. His response does not withdraw his complaint on the one hand, but likewise does not show that a claim has been asserted over which this court could exercise jurisdiction on the other hand.

II.

For the reasons explained in Part I.B. of this Entry, the action must be dismissed for lack of jurisdiction. Stone v. Stenz, 2008 WL 2184900, *2 (S.D.Ind. 2008) ("When a court lacks jurisdiction over an action it has no choice but to announce that fact and dismiss the case.")(citing Steel Co. v. Citizens for a Better Environment, 523 U.S. 83, 94 (1998)). Judgment consistent with this Entry shall now issue.

IT IS SO ORDERED.

______________________


Hon. Tanya Walton Pratt, Judge


United States District Court


Southern District of Indiana
Distribution: James Earl Berry
DOC #885109
Westville Correctional Facility
Inmate Mail/Parcels
5501 South 1100 West
Westville, IN 46391-0473








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Berry v. Roddy
(May 1, 2013)