Opinion
Civil Action 3:23-CV-P496-CRS
12-19-2023
ANDREW JAMES NEVINS PLAINTIFF v. RCC DEFENDANT
MEMORANDUM
Charles R. Simpson III, Senior Judge United States District Court
This is a pro se 42 U.S.C. § 1983 prisoner civil-rights action brought by Plaintiff Andrew James Nevins. By Memorandum Opinion and Order entered November 14, 2023, the Court conducted an initial review of the complaint pursuant to 28 U.S.C. § 1915A and dismissed Plaintiff's claims for failure to state a claim upon which relief may be granted (DN 8). The Court, however, provided Plaintiff the opportunity to file an amended complaint within 30 days.The Court warned Plaintiff that failure to timely file an amended complaint would result in dismissal of this action for the reasons stated in its November 14, 2023, Memorandum Opinion and Order.
See, e.g., LaFountain v. Harry, 716 F.3d 944, 951 (6th Cir. 2013) (“[U]nder Rule 15(a) of the Federal Rules of Civil Procedure, 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 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.