Opinion
Civil Action 4:23-CV-89
06-23-2023
SAVINO BRAXTON, Plaintiff v. UNITED STATES OF AMERICA, et al. Defendants
ORDER
Christopher C. Conner United States District Judge
AND NOW, this 23rd day of June, 2023, upon review of plaintiff's complaint pursuant to 28 U.S.C. § 1915A, and for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that:
1. Plaintiff's complaint (Doc. 1) is DISMISSED.
2. Plaintiff's negligence claims against defendants Schindler and the United States arising from Schindler's alleged failure to diagnose Braxton's multiple myeloma are dismissed without prejudice.
3. All other claims asserted in the complaint are dismissed with prejudice.
4. Plaintiff's motion for reconsideration (Doc. 8) is DENIED.
5. Plaintiff may file an amended complaint on or before July 23, 2023 to cure the deficiencies identified in the court's memorandum opinion, which shall be limited to the negligence claims against defendants Schindler and the United States arising from Schindler's alleged failure to diagnose Braxton's multiple myeloma. Any amended complaint filed pursuant to this order shall be filed to the same docket number as the instant action, shall be entitled “Amended Complaint,” and shall be complete in all respects. It shall be a new pleading that stands by itself as an adequate complaint under the Federal Rules of Civil Procedure.
6. If plaintiff does not file an amended complaint by the above date, this case shall be dismissed without further leave to amend for the reasons stated in the accompanying memorandum.