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17-737 - CLARK v. LAYTON et al


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17-737 - CLARK v. LAYTON et al
May 23, 2017
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Entry Dismissing Complaint and Directing Further Proceedings - The plaintiff is a prisoner currently incarcerated at New Castle Correctional Industrial Facility ("New Castle"). Because the plaintiff is a "prisoner" as defined by 28 U.S.C. § 1915(h), this Court has an obligation under 28 U.S.C. § 1915A(b) to screen his complaint before service on the defendants. Pursuant to 28 U.S.C. § 1915A(b), the Court must dismiss the complaint if it is frivolous or malicious, fails to state a claim for relief, or seeks monetary relief against a defendant who is immune from such relief. In determining whether the complaint states a claim, the Court applies the same standard as when addressing a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). The plaintiff's claims must be dismissed for the following reasons. The plaintiff has through June 19, 2017, in which to file an amended complaint. The failure to do so by this date will result in this dismissal of this action without further for the reasons set forth in this Entry ***See Entry*** (Copy to Petitioner via U.S. Mail). Signed by Judge William T. Lawrence on 5/23/2017.(JDC)