McCormick v. Floyd et al

Filing 9

MEMORANDUM OPINION by Chief Judge Joseph H. McKinley, Jr. As all claims raised in Plaintiff's complaint have been dismissed and no amendment has been filed, the Court will dismiss the action by separate Order. cc: Plaintiff, pro se; Defendants; Henderson Co. Atty. (JLS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
OWENSBORO DIVISION
DAMON MCCORMICK
v.

PLAINTIFF
CIVIL ACTION NO. 4:14CV-P82-JHM

CPT. MEL FLOYD et al.

DEFENDANTS
MEMORANDUM OPINION

On January 5, 2015, the Court performed an initial review of Plaintiff Damon
McCormick’s pro se complaint pursuant to 28 U.S.C. § 1915A (DN 8). Plaintiff filed suit
against Defendants in only their official capacities. On initial review, the Court dismissed the
official-capacity claims pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon
which relief may be granted. Instead of dismissing the action at that time, the Court provided
Plaintiff with an opportunity to amend the complaint to sue Defendants in their individual
capacity and to name any additional Defendants he may wish to sue related to the incidents
occurring at the Henderson County Jail alleged in his complaint. The Court advised that should
Plaintiff file no amended complaint within 30 days, the Court would enter a final Order
dismissing the entire action. The 30-day period has expired without the filing of an amended
complaint by Plaintiff.
As all claims raised in Plaintiff’s complaint have been dismissed and no amendment has
been filed, the Court will dismiss the action by separate Order.
Date:

cc:

February 24, 2015

Plaintiff, pro se
Defendants
Henderson County Attorney
4414.005