Lloyd, Nathaniel v. Department of Corrections, Wisconsin
Lloyd, Nathaniel v. Department of Corrections, Wisconsin
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN
NATHANIEL J. LLOYD,
Plaintiff, v. OPINION and ORDER
THE DEPARTMENT OF CORRECTIONS, 24-cv-460-jdp WISCONSIN,
Defendant.
I entered an order giving plaintiff Nathaniel Lloyd, proceeding without counsel, until February 7, 2025, to file an amended complaint to fix the problems with his original complaint. Dkt. 7. I warned Lloyd that I would dismiss the case if he failed to file an amended complaint. Lloyd has not filed an amended complaint or sought extra time to do this. So I will dismiss this case for failure to state a claim upon which relief may be granted and direct the clerk to record a strike against Lloyd under
28 U.S.C. § 1915(g). See Paul v. Marberry,
658 F.3d 702, 705(7th Cir. 2011) (“[W]hen . . . the plaintiff is told to amend his . . . complaint and fails to do so, the proper ground of dismissal is not want of prosecution but failure to state a claim, one of the grounds in section 1915(g) for calling a strike against a prisoner plaintiff.”). ORDER IT IS ORDERED that: 1. Plaintiff Nathaniel J. Lloyd’s complaint, Dkt. 1, is DISMISSED for failure to state a claim upon which relief may be granted. 2. The clerk of court is directed to record a strike against plaintiff under
28 U.S.C. § 1915(g) and to enter judgment. Entered February 14, 2025. BY THE COURT:
/s/ ________________________________________ JAMES D. PETERSON District Judge
Reference
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