Childress v. McPeak et al

Filing 18

OPINION. Signed by Judge James P. Jones on 10/29/2015. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
ERIC LEE CHILDRESS,
Plaintiff,
v.
GERALD MCPEAK, et al,
Defendant(s).

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Civil Action No. 7:15-cv-00474
OPINION
By:
James P. Jones
United States District Judge

Eric Lee Childress, proceeding pro se, filed a civil rights complaint, pursuant to 42
U.S.C. § 1983. By Order entered September 28, 2015, the court directed plaintiff to submit
within 21 days from the date of the Order a new amended complaint complying with Rules 8, 10,
18 and 20 of the Federal Rules of Civil Procedure. Such amended complaint may join multiple
defendants ONLY if (1) the right to relief asserted against them arises out of the same transaction
or occurrence, or series of transactions or occurrences, AND (2) at least one question of law or
fact is common to all defendants. Plaintiff was notified that if he failed to timely file an amended
complaint, or his amended complaint seeks to join disparate claims in violation of Rule 20, the
court may dismiss this entire action without prejudice Plaintiff was advised that a failure to
comply would result in dismissal of this action without prejudice.
More than 21 days have elapsed, and plaintiff has failed to comply with the described
conditions. Accordingly, the court dismisses the action without prejudice and strikes the case
from the active docket of the court. Plaintiff may refile the claims in a separate action once
plaintiff is prepared to comply with the noted conditions.
The Clerk is directed to send a copy of this Memorandum Opinion and accompanying
Order to plaintiff.
ENTER: This 29th day of October, 2015.
s/James P. Jones
United States District Judge