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Boggs v. Corbin City Police

United States District Court, E.D. Kentucky, Southern Division (at London)
Mar 14, 2008
Civil Action No. 6: 07-369-DCR (E.D. Ky. Mar. 14, 2008)

Opinion

Civil Action No. 6: 07-369-DCR.

March 14, 2008


MEMORANDUM OPINION AND ORDER


On October 23, 2007, the Plaintiff Bettie J. Boggs filed a pro se complaint pursuant to 42 U.S.C. § 1983. [Record No. 1] In her Complaint, Boggs alleges that on October 27, 2006, three unidentified Corbin City Police officers violated her rights under the Fourth Amendment of the United States Constitution by using excessive force against her. On November 5, 2007, the Court entered an Order dismissing, with prejudice, the Plaintiff's claims against the Corbin City Police Department [Record No. 4]. In that Order, the Court notified the Plaintiff that she had 120 days from the date she filed her Complaint in which to amend the Complaint by naming specific individual defendants in lieu of the "John Doe Defendants" and effectuate service on them. That time period has now elapsed and the Plaintiff has not yet amended her Complaint to name any specific individual defendants.

The Plaintiff lists her address as 52 Stinson Drive, Corbin, Kentucky 40701.

The lenient treatment generally accorded to pro se litigants has limits. Pilgrim v. Littlefield, 92 F.3d 413, 416 (6th Cir. 1996) (dismissal of pro se complaint was appropriate where plaintiff failed to respond to defendants' Rule 12(c) motion when ordered to do so by magistrate judge); see also Jourdan v. Jabe, 951 F.2d 108, 110 (6th Cir. 1991) (a pro se litigant is not afforded special consideration for failure to follow readily comprehended court orders).

In the present case, the Plaintiff bears some responsibility in advancing her claims in a timely fashion. Because the Plaintiff has failed to specifically name any Defendants and effectuate service on them in accordance with the November 5, 2007 Order, the Court finds that she has abandoned her claims against the unknown "John Doe" Corbin City Police Officers.

Accordingly, it is hereby ORDERED that the Plaintiff's claims against the "John Doe Defendants" are dismissed, without prejudice, for lack of prosecution and this action is stricken from the Court's active docket.


Summaries of

Boggs v. Corbin City Police

United States District Court, E.D. Kentucky, Southern Division (at London)
Mar 14, 2008
Civil Action No. 6: 07-369-DCR (E.D. Ky. Mar. 14, 2008)
Case details for

Boggs v. Corbin City Police

Case Details

Full title:BETTIE J. BOGGS, Plaintiff, v. CORBIN CITY POLICE, et al., Defendants

Court:United States District Court, E.D. Kentucky, Southern Division (at London)

Date published: Mar 14, 2008

Citations

Civil Action No. 6: 07-369-DCR (E.D. Ky. Mar. 14, 2008)