Nzaddi et al v. Brockelman et al

Filing 16

Judge Richard G. Stearns: ORDER entered dismissing the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted.(PSSA, 4)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

Civil Action No. 12-11548-RGS
IKNATON-RHAJIK NZADDI
v.
CHRISTINE BROCKELMAN, et al.

ORDER
April 9, 2013
STEARNS, D.J.
On August 20, 2012, inmate Iknaton-Rhajik Nzaddi, a self-described follower of the
Baha’i faith initiated this civil rights action seeking a kosher diet. See Complaint (“Compl.”).
By Order dated September 17, 2012, the Court allowed plaintiff’s application to proceed
without prepayment of the filing fee. See 9/17/12 Electronic Order. Assessment of an
initial, partial filing fee was deferred so that plaintiff could file a copy of her prison account
statement. Id. On November 19, 2012, plaintiff filed a copy of plaintiff’s prison account
statement. See Docket No. 8.

By Memorandum and Order dated January 3, 2013,

plaintiff was assessed an initial, partial filing fee and was advised that her complaint was
subject to dismissal for failing to state a claim upon which relief may be granted. See
Docket No. 9. Plaintiff was granted additional time to file an Amended Complaint. Id.
On February 28, 2013, two weeks after the deadline for filing an Amended Complaint
had passed, plaintiff filed a motion for pretrial conference and enlargement of time line.
See Docket No. 12. Plaintiff’s motion was denied as premature and she was granted an
additional twenty-one days to file an Amended Complaint. See 3/1/13 Electronic Order.

To date, Plaintiff has failed to respond to the March 1, 2013 Electronic Order and the
time for doing so expired more than two weeks ago. See Docket.
Accordingly, for the reasons stated in the January 3, 2013 Memorandum and Order,
it is hereby ORDERED that plaintiff’s complaint is DISMISSED pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii) for failing to state a claim upon which relief may be granted.
SO ORDERED.
/s/ Richard G. Stearns
UNITED STATES DISTRICT JUDGE

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