Opinion
1:23-cv-00480
09-06-2023
XYAVION CORTEZ LAWRENCE, Plaintiff v. J. FOURA, et al., Defendants
ORDER
SYLVIA H. RAMBO, UNITED STATES DISTRICT JUDGE
AND NOW, on this 6th day of September 2023, for the reasons set forth in the Memorandum accompanying this Order, IT IS ORDERED THAT:
1. Plaintiff's amended complaint (Doc. No. 12) is DISMISSED, as follows:
a. Plaintiff's Eighth Amendment conditions-of-confinement claim and Fifth Amendment procedural due process claims are DISMISSED with prejudice against all Defendants pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted;
b. Plaintiff's First Amendment Petition Clause claim is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted;
2. Plaintiff, if desired, may file a second amended complaint in accordance with the accompanying Memorandum within 21 days of the date of this Order; and
3. If no second amended complaint is timely filed, dismissal will automatically convert to dismissal with prejudice and the Court will CLOSE this case.