Opinion
4:22-CV-00420
03-10-2023
WILLIAM JOHNSON, Plaintiff, v. DR. VERNON PRESTON et al., Defendants.
ORDER
Matthew W. Brann Chief United States District Judge
In accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:
1. Corrections Defendants' Rule 12(b)(6) motion to dismiss for failure to allege personal involvement and failure to state a claim, Doc. 15, is GRANTED.
2. Medical Defendants' Rule 12(b)(6) motion to dismiss for failure to allege personal involvement, Doc. 16, is GRANTED. Medical Defendants' motion for summary judgment, Doc. 16, is voluntarily WITHDRAWN.
3. Plaintiff's complaint against Defendant, Dr. Fisher, is DISMISSED, sua sponte, under the screening provisions of 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to allege personal involvement.
4. Plaintiff's claims against Defendants Preston, Correct Care Solutions, Ellers, Vangorder and Fisher are DISMISSED without prejudice.
5. Plaintiff may file an amended complaint on or before April 10, 2023 to cure the deficiencies identified in the Court's Memorandum Opinion.
6. 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.
7. If Plaintiff does not file an amended complaint by the above date, Plaintiff's claims against defendants Preston, Correct Care Solutions, Ellers, Vangorder and Fisher will be dismissed without further leave to amend for the reasons stated in the accompanying memorandum, and the case will be closed.