Sanchez v. Massachusetts Partnership for Correctional Health et al

Filing 11

Judge F. Dennis Saylor, IV: ORDER entered. MEMORANDUM AND ORDER: because Sanchez has failed to comply with this Court's directives, and for the substantive reasons stated in the prior memorandum and order, this action is hereby DISMISSED. This dismissal is deemed to be a decision on the merits for purposes of the three-strike rule of 28 U.S.C. § 1915(g).(PSSA, 1)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
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Plaintiff,
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v.
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MASSACHUSETTS PARTNERSHIP FOR )
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CORRECTIONAL HEALTH, et al.,
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Defendants.
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JOSE CARLOS SANCHEZ,

Civil Action No.
16-11062-FDS

MEMORANDUM AND ORDER OF DISMISSAL
SAYLOR, J.
Plaintiff Jose Carlos Sanchez has filed a complaint alleging that the defendants failed to
advise him of the risks of the medication Risperdal. On July 6, 2016, this Court issued a
memorandum and order directing Sanchez to file an amended complaint by August 17, 2016,
that cured the deficiencies of the original complaint or, in the alternative, to demonstrate good
cause in writing why this action should not be dismissed. To date, Sanchez has failed to file an
amended complaint or a show-cause response, and the time period for doing so has expired.
On August 9, 2016, Sanchez filed a motion in a different civil action pending in this
Court, against the manufacturer of Risperdal, seeking to change the amount of relief sought. See
Sanchez v. Johnson & Johnson, et al., Civil Action No. 15-10264-DJC. In light of this, it
appears that Sanchez has chosen to concentrate his efforts in that action and abandon prosecution
of this action.
In any event, because Sanchez has failed to comply with this Court’s directives, and for
the substantive reasons stated in the prior memorandum and order, this action is hereby
DISMISSED. This dismissal is deemed to be a decision on the merits for purposes of the threestrike rule of 28 U.S.C. § 1915(g).

So Ordered.

/s/ F. Dennis Saylor
F. Dennis Saylor IV
United States District Judge

Dated: August 30, 2016

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