Porter v. Clarke et al

Filing 11

ORDER DISMISSING CASE signed by Judge J.P. Stadtmueller on 2/7/2017. 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 t hat was dismissed for failure to state a claim under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1); and has incurred a strike under 28 U.S.C. §1915(g). Court CERTIFIED that any appeal would not be in good faith pursuant to 28 U.S.C. § 1915(a)(3) unless plaintiff offers bonafide arguments supporting appeal. (cc: all counsel, via mail to Dayrimus Porter at Dodge Correctional Institution)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DAYRIMUS PORTER,
Plaintiff,
v.

Case No. 16-CV-1686-JPS

DAVID A. CLARKE, JR., OFFICER BLUE,
OFFICER BROOKS, BIO CLEANERS,
NURSE GRAY, and JOHN AND JANE
DOES,

ORDER

Defendants.
On January 12, 2017, the Court issued an order finding that the
plaintiff’s original complaint failed to state any viable claims for relief.
(Docket #10 at 4-5). The Court permitted the plaintiff to offer an amended
complaint, and requiring that it be filed no later than February 2, 2017. Id. at
5. That date 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. Without an amended
complaint, the Court is left to evaluate only the original 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 7th day of February, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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