Parsons v. White et al

Filing 12

ORDER entered by Judge Ortrie D. Smith granting 6 motion to dismiss case. (Matthes, Renea)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
ST. JOSEPH DIVISION
CLAYTON PARSONS,
Plaintiff,
vs.
DARREN WHITE, DAVE GLIDDEN
and SAM MERIT,
Defendants.

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Case No. 13-6050-CV-SJ-ODS

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
Plaintiff filed his state-court Petition (hereinafter “the Complaint”) on February 25,
2013. Defendants removed the case to federal court on April 2, 2013. On April 3, 2013,
Defendants filed a Motion to Dismiss. (Doc. # 6). On May 23, 2013, this Court entered
an Order deferring consideration of Defendants’ Motion to Dismiss and directed Plaintiff
to file an Amended Complaint on or before June 6, 2013. (Doc. # 11). Plaintiff has
failed to file an Amended Complaint and the time for doing so has passed. As
discussed in the Court’s May 23rd Order, the Complaint includes conclusory allegations,
insufficient facts to support his theory that he was denied medical care, and does not
put Defendants on notice of what claims he is asserting. According, to Rule 12(b)(6) of
the Federal Rules of Civil Procedure, the Court grants Defendants’ Motion to Dismiss.

IT IS SO ORDERED.

DATE: June 17, 2013

/s/ Ortrie D. Smith
ORTRIE D. SMITH, SENIOR JUDGE
UNITED STATES DISTRICT COURT