Sanders v. Suprill et al

Filing 25

MEMORANDUM ORDER: Because no Defendant has been served, IT IS ORDERED that Sanders's voluntarily motion to dismiss (Doc. 23) is GRANTED, and Sanders's complaint is DISMISSED WITHOUT PREJUDICE. Signed by Magistrate Judge Joseph H L Perez-Montes on 7/6/2018. (crt,Haik, K)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
ALEXANDRIA DIVISION
KENNETH SANDERS,
Plaintiff

CIVIL ACTION NO. 1:18-CV-89-P

VERSUS

JUDGE DEE D. DRELL

RAYMOND LABORDE
CORRECTIONAL CENTER,
Defendant

MAGISTRATE JUDGE PEREZ-MONTES

MEMORANDUM ORDER
Before the Court is a motion to voluntarily dismiss filed by pro se Plaintiff
Kenneth Sanders (“Sanders”) (#228589).

(Doc. 23).

Sanders filed a deficient

complaint, a complaint on the Court-approved form, an amended complaint, and
three additional letters to the Court containing various allegations. (Docs. 1, 10, 14,
15, 16, 17). Sanders’s chief complaint is his assignment to a top bunk in violation of
his duty status. However, Sanders also briefly mentions other grievances with RLCC.
Because Sanders only named RLCC as a Defendant, and RLCC is not a
“person” subject to suit under § 1983 1, Sanders was ordered to amend his complaint
to name other Defendants if he wished to proceed with his suit. (Doc. 18). Sanders
was instructed to state the names of each person who allegedly violated Sanders’s
constitutional rights; a description of what each named defendant did to violate

See Davis v. St. Charles Parish Correctional Center, No. 10–98, 2010 WL 890980,
at *3 (E.D. La. Mar. 8, 2010); Dorsey v. Nelson Coleman Correctional, No. 09–7673,
2010 WL 677742, at *2 (E.D. La. Feb. 24, 2010); Joseph v. Nelson Coleman
Correctional Center, No. 09–7670, 2010 WL 55447, at *2 (E.D. La. Jan. 7, 2010);
Castillo v. Blanco, No. 07–215, 2007 WL 2264285, at *4 (E.D. La. Aug. 1, 2007).
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Sanders’s rights; the place and date that each event occurred; and, a description of
the injury sustained as a result of each alleged violation. (Doc. 18).
After seeking an extension of time within which to comply with the Court’s
order, Sanders filed a motion to voluntarily dismiss his complaint. (Doc. 23).
Because no Defendant has been served, IT IS ORDERED that Sanders’s
voluntarily motion to dismiss (Doc. 23) is GRANTED, and Sanders’s complaint is
DISMISSED WITHOUT PREJUDICE.
6th
THUS DONE AND SIGNED in chambers in Alexandria, Louisiana, this ____
day of July, 2018.

______________________________
Joseph H.L. Perez-Montes
United States Magistrate Judge

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