Johnson v. Sebastian et al

Filing 26

ORDER directing the Clerk to enter Judgment for the Defendant and close the case, because Mr. Johnson has not filed an amended complaint as directed by the Court's 23 Ruling on the Motion to Dismiss. Signed by Judge Victor A. Bolden on 8/10/2015.(Dearing, S.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

DAVONN J. JOHNSON,
Plaintiff,
v.

CASE NO. 3:14-cv-244(VAB)

CRAIG SEBASTIAN,
Defendant.
ORDER
Plaintiff, Davonn J. Johnson, is currently incarcerated at Cheshire Correctional Institution
in Cheshire, Connecticut. He filed this civil rights Complaint pro se pursuant to 42 U.S.C. §
1983. Compl., ECF No. 1. On June 27, 2014, Mr. Johnson filed an Amended Complaint naming
Warden Timothy Farrell and Correctional Officer Craig Sebastian as Defendants. Am. Compl.,
ECF No. 10. He alleged that Defendant Sebastian had denied him access to courts in connection
with a criminal matter and had also physically abused him and his family.

On September 4, 2014, the Court dismissed all claims against Defendant Farrell and all
claims asserted on behalf of Mr. Johnson’s girlfriend and children pursuant to 28 U.S.C. §
1915A(b)(1) and dismissed the claims for money damages against Defendant Sebastian in his
official capacity pursuant to 28 U.S.C. §1915A(b)(2). Initial Review Order, ECF No. 14. The
Court concluded that the claim alleging that Correctional Officer Sebastian denied Mr. Johnson
access to the courts when he defaced the Mr. Johnson’s legal envelope and lost his witness
statements and the claim alleging that Correctional Officer Sebastian physically abused the

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Plaintiff should proceed against Correctional Officer Sebastian in his individual capacity.
On November 14, 2014, Defendant Sebastian moved to dismiss the claims against him.
Mot. to Dismiss, ECF No. 18. On June 25, 2015, the Court granted the Defendant Sebastian’s
Motion to Dismiss and declined to exercise supplemental jurisdiction over any state law claims.
Order dated June 25, 2015, ECF No. 23. The Court also permitted Mr. Johnson to file a second
amended complaint to elaborate on his allegation of physical abuse against Defendant Sebastian
and to assert facts indicating when the alleged abuse occurred, what type of abuse/force was
allegedly used, what type of injuries, if any, Mr. Johnson incurred and the attempts to exhaust
this claim of physical abuse. The Court cautioned Mr. Johnson that, if he failed to file an
amended complaint within thirty days, the Court would direct the Clerk to enter judgment for
Defendant Sebastian on all claims.
Mr. Johnson has not filed a second amended complaint within thirty days of the Court’s
Order. Accordingly, the Clerk is directed to enter judgment for the Defendant and close this
case.
SO ORDERED at Bridgeport, Connecticut this 10th day of August 2015.
/s/ Victor A. Bolden
VICTOR A. BOLDEN
UNITED STATES DISTRICT JUDGE

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