Branham v. Bolton et al

Filing 21

MEMORANDUM OPINION by Judge David J. Hale. Because time for Plaintiff to file amended complaint has passed, Court will dismiss action by separate Order. cc: plaintiff pro se, Jefferson Cty Atty, Bullitt Cty Atty, Hopkins Cty Atty (JAC)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION
BRYAN ANTHONY BRANHAM,

Plaintiff,

v.

Civil Action No. 3:16-cv-P108-DJH

MARK BOLTON et al.,

Defendants.
* * * * *
MEMORANDUM OPINION

Plaintiff Bryan Anthony Branham initiated this 42 U.S.C. § 1983 pro se prisoner civil
rights action on February 19, 2016, alleging that officials at three Kentucky jails had violated his
constitutional rights. The Court granted Plaintiff leave to proceed in forma pauperis on February
26, 2016 (DN 7). On March 14, 2016, mail sent to Plaintiff by the Court was returned as
undeliverable (DN 8). Thus, on May 16, 2016, the Court entered a Memorandum Opinion and
Order dismissing this action pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute (DNs 9 &
10). However, on February 23, 2017, Plaintiff filed a “Motion to Go Forward with Case,” which
the Court construed as a motion to reopen the action (DN 14). The Court granted this motion on
April 11, 2017, and then conducted an initial screening of Plaintiff’s complaint 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 May 26, 2017 (DNs 16 & 20). In its initial
screening, the Court dismissed all of Plaintiff’s claims for failure to state a claim upon which
relief may be granted. The Court, however, allowed Plaintiff 30 days to amend his complaint to
avoid dismissal of the action. The Court warned Plaintiff that if he failed to file an amended
complaint with the needed information within the allotted amount of time, the entire action
would be dismissed for failure to state a claim upon which relief may be granted. Because the

time for Plaintiff to file an amended complaint has now passed, the Court will dismiss this action
by separate Order.
Date:

July 13, 2017

David J. Hale, Judge
United States District Court

cc:

Plaintiff, pro se
Defendants
Jefferson County Attorney
Bullitt County Attorney
Hopkins County Attorney
4415.011

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