Pedigo v. Nursing Staff Southern Kentucky Health Partners et al

Filing 9

MEMORANDUM OPINION by Judge Greg N. Stivers on 6/27/2018. The 30 day period has expired and the record reflects that Plaintiff has not filed an amended complaint. Therefore, the Court will enter a separate Order dismissing this action.cc:Plaintiff, pro se; Barren County Attorney (JWM)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT BOWLING GREEN
ROBERT ALLEN WAYNE PEDIGO
v.

PLAINTIFF
CIVIL ACTION NO. 1:17CV-P160-GNS

NURSING STAFF SOUTHERN KENTUCKY
HEALTH PARTNERS et al.

DEFENDANTS

MEMORANDUM OPINION
Plaintiff Robert Allen Wayne Pedigo, a convicted state inmate, filed a pro se complaint
pursuant to 42 U.S.C. § 1983 against “Nursing Staff Southern Kentucky Health Partners” and
Barren County Jailer Mark Belomy in their official capacities alleging that he was denied
medical and mental health care during his detention in the Barren County Jail.
By Memorandum Opinion and Order entered March 5, 2018 (DN 7), the Court conducted
an initial review of the complaint pursuant to 28 U.S.C. § 1915A and dismissed the officialcapacity claims against Defendants “Nursing Staff Southern Kentucky Health Partners” and
Jailer Belomy pursuant to § 1915A(b)(1) for failure to state a claim upon which relief may be
granted. Before dismissing the action, however, the Court provided Plaintiff with an opportunity
to file an amended complaint to name the person or persons involved in his claims that he was
being denied medical and mental health treatment at Barren County Jail; to sue them in their
individual capacity; and to describe the facts surrounding each Defendant’s involvement in his
claims. See LaFountain v. Harry, 716 F.3d 944, 951 (6th Cir. 2013) (“[U]nder Rule 15(a) a
district court can allow a plaintiff to amend his complaint even when the complaint is subject to
dismissal under the PLRA [Prison Litigation Reform Act].”). The Court advised Plaintiff that
his failure to file an amended complaint within 30 days from entry of the Memorandum Opinion

and Order would result in the entry of a final Order dismissing the entire action for the reasons
stated therein.
The 30-day period has expired, and the record reflects that Plaintiff has not filed an
amended complaint. Therefore, the Court will enter a separate Order dismissing this action.
Date:

June 27, 2018

Greg N. Stivers, Judge
United States District Court
cc:

Plaintiff, pro se
Barren County Attorney
4416.005

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