Opinion
CIVIL ACTION NO. 4:18-CV-P154-JHM
12-11-2018
STANLEY BRENT CANARY PLAINTIFF v. JAILER ART MAGLINGER DEFENDANT
cc: Plaintiff, pro se Defendant Daviess County Attorney
MEMORANDUM OPINION
Plaintiff Stanley Brent Canary initiated this pro se prisoner civil rights action. By Memorandum Opinion and Order entered September 26, 2018 (DN 6), the Court conducted an initial review of the complaint pursuant to 28 U.S.C. § 1915A and dismissed Plaintiff's claims pursuant to § 1915A(b)(1) for failure to state a claim upon which relief may be granted. The Court, however, provided Plaintiff an opportunity to file an amended complaint. 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.
On October 15, 2018, the above-referenced Memorandum Opinion and Order sent to Plaintiff was returned to the Court as undeliverable (DN 8). However, on that same date it was re-mailed to Plaintiff at the new address he had provided to the Court (DN 7). More than 30 days have passed since the Memorandum Opinion and Order were re-mailed to Plaintiff at his current address and the record reflects that Plaintiff has not filed an amended complaint.
Thus, the Court will enter a separate Order dismissing this action. Date: December 11, 2018
/s/
Joseph H. McKinley Jr., District Judge
United States District Court cc: Plaintiff, pro se
Defendant
Daviess County Attorney
4414.011