Keeling v. Louisville Metro Department of Corrections et al

Filing 12

MEMORANDUM OPINION by Judge David J. Hale that because Plaintiff failed to file an amended complaint the Court will by separate Order dismiss all remaining claims for failure to state a claim on which relief may be granted. cc: Plaintiff, pro se; Defendants; Jefferson County Attorney (SG)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION
HERMAN ANTHONY KEELING,

Plaintiff,

v.

Civil Action No. 3:14-cv-P697-DJH

LOUISVILLE METRO CORRECTIONS DEPARTMENT et al.,

Defendants.

* * * * *
MEMORANDUM OPINION
On May 29, 2015, the Court conducted an initial review of Plaintiff Herman Anthony
Keeling’s pro se action pursuant to 28 U.S.C. § 1915A and McGore v. Wrigglesworth, 114 F.3d
601 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007). On
initial review, this Court dismissed several of Plaintiff’s claims pursuant to 28 U.S.C.
§ 1915A(b)(1) for failure to state a claim. The Court found that three of his claims -- the alleged
denial of medication, the alleged retaliation, and the alleged assault -- failed to state a claim as
put forth in the complaint but that, under LaFountain v. Harry, 716 F.3d 944, 951 (6th Cir.
2013), Plaintiff should be allowed to amend. Therefore, the Court ordered that within 30 days
Plaintiff could file an amended complaint providing greater detail as to the facts surrounding the
alleged denial of medication, the alleged retaliation, and the alleged assault and to add as
Defendant(s) the individual(s) responsible for the alleged constitutional violations. That Order
warned Plaintiff that failure to comply within the allotted time would result in dismissal of this
action.
More than 30 days have passed, and Plaintiff has not filed an amended complaint. The

Court will, therefore, by separate Order dismiss all remaining claims for failure to state a claim
on which relief may be granted.
Date:

July 16, 2015

David J. Hale, Judge
United States District Court
cc:

Plaintiff, pro se
Defendants
Jefferson County Attorney
4415.009

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