Opinion
1:21-cv-01594
02-03-2022
BARRY SOLDRIDGE, JR., Plaintiff v. KEVIN RANSOM, et al., Defendants
ORDER
Yvette Kane, District Judge
AND NOW, on this 3rd day of February 2022, in accordance with the Memorandum issued concurrently with this Order, IT IS ORDERED THAT:
1. Plaintiff's amended complaint (Doc. No. 9) is DISMISSED for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915A(b)(1);
2. Plaintiff's claims against Defendant Kevin Ransom are DISMISSED WITH PREJUDICE, and the Clerk of Court is directed to TERMINATE Defendant Kevin Ransom as a defendant in this case;
3. Plaintiff is, however, granted leave to file a second amended complaint with respect to the Eighth Amendment claims that he asserted against Defendant Carl Kuren-namely, a conditions of confinement claim and a failure to protect claim;
4. The Clerk of Court is directed to mail Plaintiff a civil rights complaint form;
5. Plaintiff shall title that complaint form “Second Amended Complaint” and shall include the docket number for this case, 1:21-cv-01594; and
6. In the event that Plaintiff fails to file a second amended complaint within 30 days of the date of this Order, this action will be subject to dismissal for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.