Purdy et al v. Hubbard et al

Filing 13

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Pursuant to 28 U.S.C. § 1915, Plaintiff's Complaint (filing no. 1 ) 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. The Clerk of the court is directed to place the "28USC1915(g)_STR" flag on this matter. Ordered by Judge John M. Gerrard. (Copy mailed to pro se parties)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ANTHONY P. PURDY, and
LASHAWN WILLIAMS,
Plaintiffs,
v.
HUBBARD, et al.,
Defendants.

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8:12CV192

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On August 31, 2012, 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. 12.) The court gave
Plaintiff the opportunity to amend his claims, but warned Plaintiff that if he failed to
amend his Complaint by October 1, 2012, 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. 3.) Plaintiff has failed to file an amended complaint. (See Docket Sheet.)
IT IS THEREFORE ORDERED that:
1.
Pursuant to 28 U.S.C. § 1915, Plaintiff’s Complaint (filing no. 1) 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.
3.
The Clerk of the court is directed to place the “28USC1915(g)_STR”
flag on this matter.

DATED this 20th day of November, 2012.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

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