Opinion
4:21-CV-01018
02-07-2022
ORDER
Matthew W. Brann Chief United States District Judge
AND NOW, this 7th day of February 2022, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:
1. Ramey's amended complaint (Doc. 6) is DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted, as follows:
a. Ramey's First Amendment retaliation claim is DISMISSED with prejudice.
b. Ramey's Eighth Amendment failure-to-protect and Fourteenth Amendment procedural due process claims are DISMISSED without prejudice.
2. Ramey shall have 21 days-that is, until February 28, 2022 -to file his all-inclusive, second amended complaint. Ramey need not seek leave to amend, as the Court is granting such leave in this order.
3. If Ramey does not timely file a second amended complaint, the Clerk of Court shall CLOSE this case.