Smith v. Hardy et al

Filing 54

Order to Respond-Plaintiff to file an amended complaint. Responses due by 12/21/2015. Signed by Magistrate Judge Joel C. Hoppe on 12/7/2015. (slt)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
Roanoke Division
TIFFIN L. SMITH,
Plaintiff,
v.
SHERIFF CHIP HARDY, et al.,
Defendants.

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Case No. 7:14-cv-00477
ORDER
By:
Joel C. Hoppe
United States Magistrate Judge

Plaintiff Tiffin L. Smith, a state inmate proceeding pro se, brought a lawsuit under 42
U.S.C. § 1983, alleging failure to protect. He also filed a motion for leave to amend his
complaint. The Defendants moved to dismiss the lawsuit and opposed the motion for leave to
amend. In an Order entered on September 21, 2015, the presiding District Judge granted Sheriff
Harding and ACRJ’s motion to dismiss, denied Officer Caligiuri’s motion to dismiss, and
granted in part Smith’s motion for leave to amend. ECF No. 50. The Court allowed Smith 30
days to file an amended complaint “clarifying his allegations against Officer Richard Caligiuri
and setting forth the factual basis for his failure-to-protect claim against Officer J. Lotts,
Sergeant C. J. Mundy, and Corporal C. Woods.” ECF No. 50. Smith moved for an extension,
ECF No. 52, which this Court granted, ECF No. 53. Thus, Smith was required to file his
amended complaint not later than November 25, 2015. As of today, Smith has not filed an
amended complaint.
Accordingly, should Smith desire to pursue his case, he shall file an amended complaint
within ten (10) days. Failure to file an amended complaint or otherwise respond to this Order
will result in immediate dismissal of this action without prejudice.
It is so ORDERED.

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The clerk shall send a copy of this order to the pro se Plaintiff and to counsel of record
for all Defendants.
ENTERED: December 7, 2015

Joel C. Hoppe
United States Magistrate Judge

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