Opinion
4:24-cv-00543-BRW-JJV
08-06-2024
JEFFERY S. COWGILL ADC #145476 PLAINTIFF v. GARY MUSSELWHITE Warden, Cummins Unit, ADC, et al. DEFENDANTS
ORDER
BILLY ROY WILSON, UNITED STATES DISTRICT JUDGE.
For good cause shown, Plaintiff's Motion to Amend the Complaint (Doc. No. 19) is GRANTED. The Clerk is directed to file a copy of that Motion as Plaintiff's Third Amended Complaint. The Recommended Disposition (Doc. No. 16) screening Plaintiff's Second Amended Complaint is DENIED as MOOT.
After carefully reviewing the allegations in the Third Amended Complaint pursuant to 28 U.S.C. § 1915A, I conclude Plaintiff has pled a plausible claim that Defendants Musselwhite, Pierce, Young, Coleman, Woods, and Nash failed to protect him from being attacked in June 2024. All other claims and Defendants are DISMISSED without prejudice for failing to state a plausible claim and/or improperly joined.
The case is referred back to United States Magistrate Judge Volpe for further proceedings.
I certify, pursuant to 28 U.S.C. § 1915(a)(3) that an in forma pauperis appeal from this Order would not be taken in good faith.
IT IS SO ORDERED.