Trudell et al v. Spencer et al

Filing 12

Judge Joseph L. Tauro: ORDER entered. For the reasons stated in the Courts October 22, 2013 memorandum and order (#9), this action is DISMISSED under 28 U.S.C. §§ 1915(e)(2) and 1915A for failure to state a claim upon which relief may be granted.(PSSA, 3)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
ALFRED TRUDELL,
Plaintiff,
v.
LOUIS SPENCER, et al.,
Defendants.

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C.A. No. 13-11290-JLT

ORDER
December 19, 2013
TAURO, J.
In a memorandum and order dated October 22, 2013 (#9), the Court granted the plaintiff’s
motion for leave to proceed in forma pauperis and dismissed any claims concerning false
imprisonment. The Court explained that the plaintiff may only attack the fact or duration of his
confinement in a habeas action. The Court also directed the plaintiff to file an amended complaint
within 42 days if the plaintiff wished to pursue any claims concerning the denial of adequate food
and drink.
The 42-day period for complying the Court’s order has expired. The plaintiff has not filed
an amended complaint or any other document. Accordingly, for the reasons stated in the Court’s
October 22, 2013 memorandum and order, this action is DISMISSED under 28 U.S.C.
§§ 1915(e)(2) and 1915A for failure to state a claim upon which relief may be granted.

IT IS SO ORDERED.
12/19/2013
DATE

/s/ Joseph L. Tauro
UNITED STATES DISTRICT JUDGE