Saldana v. Leyendecker et al

Filing 19

ORDER DISMISSING CASE signed by Judge J.P. Stadtmueller on 4/6/2017. Action DISMISSED pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1) for failure to state a claim. Clerk of Court to document that this inmate has brought an action th at was dismissed for failure to state a claim under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1); Clerk of Court also to document that this inmate has incurred a "strike" under 28 U.S.C. §1915(g). The Court CERTIFIES that any a ppeal from this matter would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3) unless the plaintiff offers bonafide arguments supporting his appeal. (cc: all counsel, via mail to Jonathan Lee Saldana at Stanley Correctional Institution)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JONATHAN LEE SALDANA,
Plaintiff,
v.

Case No. 16-CV-1577-JPS

CORPORAL R. LEYENDECKER,
C.O. T. VANEGEREN, C.O. R.
LONGSINE, CORPORAL WEED,
CORPORAL M. ANDERSON,
CORPORAL LANGAN,
LIEUTENANT J. RHODE,
LIEUTENANT HALASI, and
LIEUTENANT TIMRECK,

ORDER

Defendants.

On February 22, 2017, the Court issued an order finding that the
plaintiff’s complaint failed to state any viable claims for relief. (Docket #16
at 4-5). The Court permitted the plaintiff to offer an amended complaint, and
required that it be filed no later than March 24, 2017. Id. at 8. The deadline
was extended to March 31, 2017 at the plaintiff’s request. (Docket #18). The
deadline has passed and the Court has not received an amended complaint
or any other communication from the plaintiff. The Court warned the
plaintiff that failure to file an amended complaint within the prescribed
period may result in dismissal of this action. Id.; (Docket #16 at 8). Without
an amended complaint, the Court is left to evaluate only the complaint, and
in accordance with its earlier order, must dismiss this action for failure to
state any claims upon which relief may be granted.

Accordingly,
IT IS ORDERED that this action be and the same is hereby
DISMISSED pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1) for
failure to state a claim;
IT IS FURTHER ORDERED that the Clerk of Court document that
this inmate has brought an action that was dismissed for failure to state a
claim under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1);
IT IS FURTHER ORDERED that the Clerk of Court document that
this inmate has incurred a “strike” under 28 U.S.C. §1915(g); and
THE COURT FURTHER CERTIFIES that any appeal from this matter
would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3) unless the
plaintiff offers bonafide arguments supporting his appeal.
The Clerk of the Court is directed to enter judgment accordingly.
Dated at Milwaukee, Wisconsin, this 6th day of April, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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