Clark v. Downey et al

Filing 14

MEMORANDUM AND ORDER. On April 28, 2010, the court conducted an initial review of Plaintiff's Complaint and found that it failed to state a claim upon which relief may be granted. (Filing No. 13 ) The court gave Plaintiff the opportunity to ame nd his claims but Plaintiff has failed to file an amended complaint. Pursuant to 28 U.S.C. § 1915(e)(2)(ii), Plaintiff's Complaint is dismissed without prejudice because it fails to state a claim upon which relief may be granted. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(JAB)

Clark v. Downey et al

Doc. 14

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA KENNETH W. CLARK, Plaintiff, v. DOWNEY, Correctional Officer, LANCASTER COUNTY JAIL, and RIGGY, Correctional Officer Sgnt., Defendants. ) ) ) ) ) ) ) ) ) ) ) 4:10CV3042

MEMORANDUM AND ORDER

This matter is before the court on its own motion. On April 28, 2010, the court conducted an initial review of Plaintiff's Complaint and found that it failed to state a claim upon which relief may be granted. (Filing No. 13.) The court gave Plaintiff the opportunity to amend his claims, but warned Plaintiff that if he failed to amend his Complaint by May 28, 2010, his Complaint "will be dismissed without further notice for failure to state a claim upon which relief may be granted." (Id. at CM/ECF p. 5.) Plaintiff has failed to file an amended complaint. IT IS THEREFORE ORDERED that: 1. Pursuant to 28 U.S.C. § 1915(e)(2)(ii), Plaintiff's Complaint is dismissed without prejudice because it fails to state a claim upon which relief may be granted. 2. A separate judgment will be entered in accordance with this Memorandum and Order.

DATED this 2nd day of July, 2010. BY THE COURT: s/ Joseph F. Bataillon Chief United States District Judge

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