LaBelle v. Mikelson et al

Filing 7

ORDER ENTERED: This matter is dismissed for failure to state a claim. Signed by U.S. Senior District Judge Sam A. Crow on 01/26/18. Mailed to pro se party Kelly N. LaBelle by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
KELLY N. LABELLE,
Plaintiff,
v.

CASE NO. 17-3137-SAC

(FNU) MIKELSON, et al.,
Defendants.
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.

The Court entered an Order on

December 22, 2017, setting forth the deficiencies in Plaintiff’s Complaint and giving Plaintiff
until January 22, 2018, to file a proper amended complaint. (Doc. 5.) Plaintiff has failed to file
an amended complaint and has failed to cure the deficiencies set forth in the Court’s Order.
In the Order, the Court found that:
Plaintiff’s current Complaint is deficient in that it refers to “she”
instead of naming the defendant; it includes an allegation that
Plaintiff was denied access to the law library, without alleging who
denied him access; it fails to allege who is responsible for his vest
and money disappearing; it fails to identify who is responsible for
and what the facts are surrounding Plaintiff’s claim that he is living
on the floor of his isolation cell and “dragging himself through his
own urine.” Plaintiff fails to allege how Defendants Ramsey,
Nurse, Brooke, and Wilmite violated Plaintiff’s constitutional
rights. Plaintiff’s claims must allege sufficient additional facts to
show a federal constitutional violation.
The Court also found that Plaintiff improperly joined various claims and parties in his
Complaint, including an alleged assault, the failure to provide medical care, and an alleged
sexual harassment.

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The Court’s Order was mailed to Plaintiff’s current address of record. The mail was
returned with a notation “return to sender no longer at this address.” (Doc. 6.) The Court
remailed the Order to an alternative address listed on the Complaint. The Court’s Local Rules
provide that “[e]ach attorney or pro se party must notify the clerk in writing of any change of
address or telephone number. Any notice mailed to the last address of record of an attorney or
pro se party is sufficient notice.” D. Kan. Rule 5.1(c)(3).
IT IS THEREFORE ORDERED BY THE COURT that this matter is dismissed for
failure to state a claim.
IT IS SO ORDERED.
Dated in Topeka, Kansas on this 26th day of January, 2018.

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

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