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17-421 - PEYTON v. PFIZER et al


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17-421 - PEYTON v. PFIZER et al
December 14, 2017
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ENTRY Screening and Dismissing Complaint and Directing Plaintiff to Show Cause - The plaintiff's complaint must be dismissed for each of the reasons set forth above. The plaintiff shall have through January 12, 2018, in which to either show cause why Judgment consistent with this Entry should not issue or file an amended complaint which cures the deficiencies discussed in this Entry (SEE ENTRY FOR ADDITIONAL INFORMATION). Signed by Judge William T. Lawrence on 12/14/2017.(DW)
January 17, 2018
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T. Lawrence on 1/17/2018. (RSF)Entry Discussing Pending Motions and Plaintiff's Response to Order to Show Cause, Dismissing Action and Directing Entry of Final Judgment - The plaintiff's motion for judgment on the pleadings alleges that he is entitled to judgment in his favor because the defendants have not yet answered the complaint. He is mistaken. The defendants have not been served with the complaint because when the Court screened the complaint in accordance with 28 U.S.C. § 1915A(b), it concluded that the complaint failed to state a claim upon which relief can be granted. Dkt. No. 13. The plaintiff's motion for judgment on the pleadings, Dkt. No. 14, is denied. Michelle Neuhoff, the mother of the plaintiff's son who passed away, has filed a motion to be added as a plaintiff. That motion, Dkt. No. 16, is denied because this action is being dismissed for failure to state a claim upon which relief can be granted. Thus, there is no action to join. Ms. Neuhoff may determine whether she wishes to bring her own claims in a separate action and in what forum. The plaintiff was given an opportunity to show cause why this action should not be dismissed. He attempted to do so, but the Court still finds that this action must be dismissed for failure to state a claim upon which relief can be granted. 28 U.S.C. § 1915A(b). Judgment consistent with this Entry and with the Entry of December 14, 2017, Dkt. No. 13, shall now issue. (See Entry.) Signed by Judge William