BRANHAM v. BOLTON

Civil Action No. 3:16-cv-P108-DJH.

BRYAN ANTHONY BRANHAM, Plaintiff, v. MARK BOLTON et al., Defendants.

United States District Court, W.D. Kentucky, Louisville Division.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

Bryan Anthony Branham, Plaintiff, Pro Se.


MEMORANDUM OPINION

DAVID J. HALE, District Judge.

Plaintiff Bryan Anthony Branham initiated this 42 U.S.C. § 1983 pro se prisoner civil rights action on February 19, 2016, alleging that officials at three Kentucky jails had violated his constitutional rights. The Court granted Plaintiff leave to proceed in forma pauperis on February 26, 2016 (DN 7). On March 14, 2016, mail sent to Plaintiff by the Court was returned as undeliverable (DN 8). Thus, on May 16, 2016, the Court entered a Memorandum Opinion and Order dismissing this action pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute (DNs 9 & 10). However, on February 23, 2017, Plaintiff filed a "Motion to Go Forward with Case," which the Court construed as a motion to reopen the action (DN 14). The Court granted this motion on April 11, 2017, and then conducted an initial screening of Plaintiff's complaint pursuant to 28 U.S.C. § 1915A and McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007), on May 26, 2017 (DNs 16 & 20). In its initial screening, the Court dismissed all of Plaintiff's claims for failure to state a claim upon which relief may be granted. The Court, however, allowed Plaintiff 30 days to amend his complaint to avoid dismissal of the action. The Court warned Plaintiff that if he failed to file an amended complaint with the needed information within the allotted amount of time, the entire action would be dismissed for failure to state a claim upon which relief may be granted. Because the time for Plaintiff to file an amended complaint has now passed, the Court will dismiss this action by separate Order.


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