Guy (ID 0110558) v. Cline et al

Filing 6

MEMORANDUM AND ORDER ENTERED: This action is dismissed for failure to state a claim. Signed by U.S. Senior District Judge Sam A. Crow on 11/29/17. Mailed to pro se party Dallas Guy by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

DALLAS GUY,
Plaintiff,
v.

CASE NO. 17-3060-SAC

SAM CLINE, et al.,
Defendants.

MEMORANDUM AND ORDER

Plaintiff brings this pro se civil rights action pursuant to 42 U.S.C. § 1983. The Court
granted Plaintiff leave to proceed in forma pauperis. Plaintiff is incarcerated at the Lansing
Correctional Facility in Lansing, Kansas (“LCF”). On October 24, 2017, the Court screened
Plaintiff’s Complaint and entered a Memorandum Order and Order to Show Cause (“MOSC”)
(Doc. 5), giving Plaintiff until November 27, 2017, to either show cause why his case should not
be dismissed for the reasons set forth in the MOSC or to file a proper amended complaint.
Plaintiff names as defendants:

Warden Sam Cline; Unit Team Manager (“UTM”)

Lindsey Wildermuth; and EAI John Bousfield. In the MOSC, the Court found that: Plaintiff’s
claims for monetary damages against Defendants in their official capacities are subject to
dismissal as barred by sovereign immunity; because Plaintiff has failed to allege any personal
involvement by Defendant Cline or Defendant Wildermuth, his individual capacity claims against
these defendants are subject to dismissal; and Plaintiff’s individual capacity claim against
Defendant Bousfield is subject to dismissal for failure to allege that he acted with deliberate
indifference.
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The Court’s MOSC required Plaintiff to show good cause why his Complaint should not be
dismissed for the reasons stated therein. Plaintiff was also given the opportunity to file a
complete and proper Amended Complaint upon court-approved forms that cures all the
deficiencies discussed therein. The MOSC provides that “[i]f Plaintiff does not file an Amended
Complaint within the prescribed time that cures all the deficiencies discussed herein, this matter
will be decided based upon the current deficient Complaint.” (Doc. 5, at 7.) Plaintiff has failed
to address the deficiencies and has failed to file an amended complaint. The Court finds that this
case should be dismissed due to the deficiencies set forth in the MOSC.
IT IS THEREFORE ORDERED BY THE COURT that this action is dismissed for
failure to state a claim.
IT IS SO ORDERED.
Dated in Topeka, Kansas, on this 29th day of November, 2017.

S/ Sam A. Crow
Sam A. Crow
U.S. Senior District Judge

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