Deas v. Kenney et al

Filing 12

MEMORANDUM AND ORDER - For the reasons set forth in the Court's order dated July 29, 2015, this action is dismissed with prejudice for failure to state a claim upon which relief may be granted. The Court will enter judgment by a separate document. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROBERT DEAS,
Plaintiff,
v.
RANDY KOHL, et al.,
Defendants.

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8:15CV35

MEMORANDUM
AND ORDER

This matter is before the Court on its own motion. On July 29, 2015, the Court
conducted a pre-service screening of Plaintiff’s Complaint (Filing No. 1) in accordance with
28 U.S.C. §§ 1915(e) and 1915A. (See Filing No. 10.) After summarizing Plaintiff’s
allegations, the Court determined that the Complaint failed to state a claim upon which
relief may be granted. The Court gave Plaintiff 30 days in which to file an amended
complaint. (Filing No. 10 at ECF 9.)
Plaintiff filed his Amended Complaint (Filing No. 11) on August 20, 2015. Plaintiff
merely reiterated the allegations set forth in his original Complaint in his Amended
Complaint. Therefore, for the reasons already discussed in the Court’s order dated July
29, 2015, the Court finds Plaintiff has failed to state a claim upon which relief may be
granted in this action. Accordingly,

IT IS ORDERED that:
1.

For the reasons set forth in the Court’s order dated July 29, 2015, this action
is dismissed with prejudice for failure to state a claim upon which relief may
be granted.

2.

The Court will enter judgment by a separate document.

DATED this 21st day of October, 2015.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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