Smith v. Brady
Filing
7
MEMORANDUM OPINION by Chief Judge Joseph H. McKinley, Jr. on 6/5/2018: More than 30 days have passed, and Plaintiff has not filed an amended complaint. Therefore, by separate Order, the Court will dismiss this civil action. cc: Plaintiff (pro se), Defendant, HCA (JM)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
OWENSBORO DIVISION
CHRISTOPHER FRANCES SMITH
v.
PLAINTIFF
CIVIL ACTION NO. 4:17-CV-P163-JHM
JAILER AMY BRADY
DEFENDANT
MEMORANDUM OPINION
Plaintiff, Christopher Frances Smith, filed a pro se, in forma pauperis complaint pursuant
to 42 U.S.C. § 1983. On screening 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), the Court dismissed the claims against Defendant pursuant to 28 U.S.C.
§ 1915A(b)(1) for failure to state a claim for which relief may be granted, but gave Plaintiff an
opportunity to amend his complaint. Specifically, the Court instructed Plaintiff that he could
amend his complaint within 30 days to name Defendant(s) in his/her/their individual capacities
who he alleges violated his constitutional rights. 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 also instructed Plaintiff that if he filed no amended complaint within the time
allotted, the action would be dismissed.
More than 30 days have passed, and Plaintiff has not filed an amended complaint.
Therefore, by separate Order, the Court will dismiss this civil action.
Date:
cc:
June 5, 2018
Plaintiff, pro se
Defendant
Henderson County Attorney
4414.009
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