Harkless v. Saline County Jail et al

Filing 8

MEMORANDUM AND ORDER ENTERED: This matter is dismissed for failure to state a claim. Signed by Senior U.S. District Judge Sam A. Crow on 02/16/21. Mailed to pro se party Everett Ray Harkless by regular mail. (smnd)

Case 5:20-cv-03281-SAC Document 8 Filed 02/16/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
EVERETT RAY HARKLESS,
Plaintiff,
v.

CASE NO. 20-3281-SAC

SALINE COUNTY JAIL,
et al.,
Defendants.
MEMORANDUM AND ORDER
Plaintiff brings this pro se civil rights complaint under 42 U.S.C. § 1983. Plaintiff is
housed at the Saline County Jail in Salina, Kansas (“SCJ”). The Court granted Plaintiff leave to
proceed in forma pauperis. On January 14, 2021, the Court entered a Memorandum and Order
and Order to Show Cause (Doc. 7) (“MOSC”) granting Plaintiff until February 12, 2021, in which
to show good cause why his Complaint should not be dismissed for the reasons set forth in the
MOSC or to file an amended complaint to cure the deficiencies. Plaintiff has failed to respond by
the Court’s deadline.
The Court found in the MOSC that Plaintiff’s allegations do not show a complete lack of medical
care, but rather show Plaintiff’s disagreement regarding the proper course of treatment or medication.

Plaintiff has failed to show that any defendant was deliberately indifferent regarding his medical
care and has failed to show that Defendants disregarded an excessive risk to his health or safety or
that they were both aware of facts from which the inference could be drawn that a substantial risk
of serious harm existed, and also drew the inference.

Plaintiff’s claims suggest, at most,

negligence.
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
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Case 5:20-cv-03281-SAC Document 8 Filed 02/16/21 Page 2 of 2

upon the current deficient Complaint and may be dismissed without further notice.” (Doc. 7,
at 10.) Plaintiff has failed to respond to the MOSC and has failed to show good cause why his
Complaint should not be dismissed.
IT IS THEREFORE ORDERED BY THE COURT that this matter is dismissed for
failure to state a claim.
IT IS SO ORDERED.
Dated February 16, 2021, in Topeka, Kansas.
S/ Sam A. Crow
SAM A. CROW
SENIOR U. S. DISTRICT JUDGE

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