Opinion
1:21-cv-00915
06-29-2021
ELIJAH M. SMITH, Plaintiff v. DAVID J. EBBERT, et al., Defendants
ORDER
Yvette Kane, District Judge
AND NOW, on this 29th day of June 2021, in accordance with the Memorandum issued concurrently with this Order, IT IS ORDERED THAT:
1. Plaintiff's complaint (Doc. No. 9) is DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915A(b)(1). Plaintiff may not file an amended complaint in the abovecaptioned case;
2. Plaintiff's motion for leave to proceed in forma pauperis (Doc. No. 3) is DENIED AS MOOT;
3. Plaintiff's motion to appoint counsel (Doc. No. 10) is DENIED; and
4. The Clerk of Court is directed to CLOSE the above-captioned case.