THOMPSON v. CAVER et al

Filing 22

ORDER (memorandum filed previously as separate docket entry): ORDERED that: Complaint is dismissed for failure to state a claim for which relief can be granted. Failure to protect claim is dismissed without prejudice. Within 21 days Plaintiff may f ile an amended complaint in accordance with the foregoing Memorandum. Clerk of Court shall forward to Plaintiff 2 copies of this Court's prisoner civil rights complaint form. Failure to file an amended complaint as directed within the time required will result in action being dismissed. Signed by Honorable A. Richard Caputo on 5/23/17. (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
NYRAN DALE THOMPSON,
Plaintiff
v.
DEPUTY WARDEN CARVER, et al.,
Defendants

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CIVIL NO. 3:CV-16-1529
(Judge Caputo)

ORDER
AND NOW, this 23rd day of MAY, 2017, in accordance with the accompanying
memorandum, it is ORDERED that:
1. Mr. Thompson’s Complaint is dismissed pursuant to 28
U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim for which
relief can be granted.
2. Plaintiff’s failure-to-protect claim is dismissed without
prejudice.
3. Within twenty-one (21) days from the date of this order,
Plaintiff may file an amended complaint in this action in
accordance with the foregoing Memorandum.
4. The Clerk of Court shall forward to Plaintiff two (2) copies
of this Court’s prisoner civil-rights complaint form which Plaintiff
shall use in preparing any amended complaint he may file.
5. Failure to file an amended complaint as directed within
the required time will result in this action being dismissed
pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for the reasons set
forth in the accompanying Memorandum.
/s/ A. Richard Caputo
A. RICHARD CAPUTO
United States District Judge