Delay v. Lombardi et al

Filing 10

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that this action is DISMISSED without prejudice.An Order of Dismissal will be filed separately. Signed by District Judge Jean C. Hamilton on 08/03/2015. (CLK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DALLAS RAY DELAY,

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Plaintiff,
v.
GEORGE LOMBARDI, et al.,
Defendants.

No. 4:15CV878 JCH

MEMORANDUM AND ORDER
Plaintiff brought this action under 42 U.S.C. § 1983 alleging that the diet at Potosi
Correctional Center is not providing enough Vitamin B12. On June 9, 2015, the Court found
that the complaint failed to state a claim upon which relief can be granted, and the Court ordered
plaintiff to submit an amended complaint no later than July 9, 2015. Plaintiff asked for an
extension, and the Court ordered him to submit his amended complaint no later than July 20,
2015. As of this date, plaintiff has not submitted an amended complaint or a motion for
extension of time. As a result, this action is dismissed for failure to prosecute. Fed. R. Civ. P.
41(b).
Accordingly,
IT IS HEREBY ORDERED that this action is DISMISSED without prejudice.
An Order of Dismissal will be filed separately.
Dated this 3rd day of August, 2015.

/s/ Jean C. Hamilton
UNITED STATES DISTRICT JUDGE