Cox v. Fulton County Detention Center Staff

Filing 17

MEMORANDUM OPINION by Senior Judge Thomas B. Russell on 2/1/17: The action will be dismissed by separate Order for failure to state a claim upon which relief may be granted and for failure to meet the pleading requirements of Federal Rule of Civil Procedure 8(a). cc: Plaintiff(pro se), Defts, Fulton County Atty (DJT)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT PADUCAH
RANCE LEON COX
v.

PLAINTIFF
CIVIL ACTION NO. 5:15CV-P111-TBR

FULTON COUNTY DETENTION CENTER STAFF et al.

DEFENDANTS

MEMORANDUM OPINION
On initial review of Plaintiff Rance Leon Cox’s pro se complaint pursuant to 28 U.S.C.
§ 1915A, the Court dismissed all claims but provided Plaintiff with 30 days within which to amend
the complaint (DN 13). The copy of the Memorandum Opinion and Order sent to Plaintiff was
returned to the Court by the United States Postal Service marked “Return to Sender” and “Unable to
Forward” (DN 14). Thereafter, Plaintiff filed a letter advising of an address change (DN 15).
Consequently, by Order (DN 16) entered December 13, 2016, the Court directed the Clerk of Court
to send Plaintiff a copy of its prior Memorandum Opinion and Order and granted Plaintiff
30 additional days within which to file an amended complaint. The Court warned Plaintiff that his
failure to file an amended complaint within 30 days would result in dismissal of the entire action with
prejudice for the reasons stated in the Court’s prior Memorandum Opinion and Order.
The 30-day period has expired, and the record reflects that Plaintiff has not filed an amended
complaint. Therefore, the action will be dismissed by separate Order for failure to state a claim upon
which relief may be granted and for failure to meet the pleading requirements of Federal Rule of
Civil Procedure 8(a).
Date:

cc:

February 1, 2017

Plaintiff, pro se
Defendants
Fulton County Attorney
4413.005