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17-3303 - TALBERT v. PATTERSON et al


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17-3303 - TALBERT v. PATTERSON et al
January 30, 2018
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Entry Dismissing Action - The plaintiff's motion to amend the complaint, dkt. 17, is granted. The amended complaint is now subject to the screening requirement of 28 U.S.C. ยง 1915(e)(2)(B). As presented, the complaint is dismissed for failure to state a claim upon which relief can be granted. The Court further notes that the plaintiff is not a prisoner and perhaps lives in a nursing home or assisted living center. The Eighth Amendment, which prohibits cruel and unusual punishment for crimes, does not apply to his claims. This action is now dismissed for failure to state a claim upon which relief can be granted. Judgment consistent with this Entry shall now issue. The clerk is instructed to update the docket to reflect that Oasis is the only defendant named in the amended complaint. (See Entry). Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 1/30/2018.(APD)