Tyler v. Jordan

District Court, W.D. Kentucky·Decided September 6, 2022·No. 5:22-cv-00043·Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY PADUCAH DIVISION ISAIAH WILLIAM TYLER PLAINTIFF v. CIVIL ACTION NO. 5:22-CV-P43-TBR WARDEN SCOTT JORDAN et al. DEFENDANTS

MEMORANDUM Plaintiff Isaiah William Tyler initiated this pro se civil-rights action brought by a convicted prisoner pursuant to 42 U.S.C. § 1983. By Memorandum Opinion and Order entered July 22, 2022 (DN 6), the Court conducted an initial review of the complaint and dismissed Plaintiffs claims pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted and pursuant to 28 U.S.C. § 1915A(b)(2) for seeking monetary relief from a defendant who is immune from such relief. The Court, however, provided Plaintiff an opportunity to file an amended complaint to avoid dismissal of this action. See LaFountain v. Harry, 716 F.3d 944, 951 (6th Cir. 2013) (“[U]nder Rule 15(a) a district court can allow a plaintiff to amend his complaint even when the complaint is subject to dismissal under the PLRA [Prison Litigation Reform Act].”). The Court warned Plaintiff that his failure to file an amended complaint within 30 days from entry of the Memorandum Opinion and Order would result in the entry of a final Order dismissing the action for the reasons stated therein. The 30-day period has expired, and the record reflects that Plaintiff has not filed an amended complaint. Therefore, the Court will enter a separate Order dismissing this action. Date: September 2, 2022 Or hermes B. Bucsel! baer one Thomas B. Russell, Senior Judge General Counsel, Justice & Public Safety C United States District Court

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