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17-274 - ANNAMALAI v. SEIREVELD et al


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17-274 - ANNAMALAI v. SEIREVELD et al
January 22, 2018
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Entry Dismissing Amended Complaint as Frivolous and Malicious And Directing Entry of Final Judgment - This action was removed from Vigo County Superior Court to this Court on June 14, 2017, on the basis, among others, that the individual federal employees were acting within the scope of their employment at the time the claims arose. 28 U.S.C. § 2679(d)(2). In the Entry of June 20, 2017, docket 5, the Court screened the complaint in accordance with 28 U.S.C. § 1915A(b). The Court dismissed a number of parties and noted that some claims were misjoined. For the reasons stated herein, any FTCA claim is dismissed without prejudice for failure to state a claim upon which relief can be granted. The breach of contract claims are dismissed for failure to state a claim upon which relief can be granted and as frivolous and malicious. To the extent the plaintiff attempts to also bring a claim alleging that the defendants have "acted in concert with the RICO Enterprise known as the Counter Terrorism Unit," such claim is summarily dismissed as frivolous. The entire premise of the plaintiff's amended complaint is malicious and frivolous. This action will not consume any more of the Court's resources. For the reasons discussed in this Entry, this action is dismissed with prejudice for failure to state a claim upon which relief can be granted and as frivolous and malicious. 28 U.S.C. § 1915A. Judgment consistent with this Entry shall now issue. See Entry. Copy to plaintiff via US Mail. Signed by Judge William T. Lawrence on 1/22/2018.(APD)