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Kelly v. Chandra

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


December 1, 2008

RICHARD B. KELLY, PLAINTIFF,
v.
DR. RAKESH CHANDRA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Stiehl, District Judge

MEMORANDUM AND ORDER

On October 21, 2008, this Court issued its Memorandum and Order directing Plaintiff to file an amended complaint indicating that the named Defendants were directly responsible for and deliberately indifferent to Plaintiff's conditions of confinement and his need for medical treatment. See (Doc. 7). Plaintiff was warned that if he failed to file an amended complaint within the allotted time, then his complaint would be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.*fn1 More than thirty days have passed and the Court has not received Plaintiff's amended complaint.

Accordingly, this case is DISMISSED, with prejudice, for failing to state a claim upon which relief may be granted, 28 U.S.C. § 1915A, and for failing to comply with an order of this Court, Rule 41(b) of the Federal Rules of Civil Procedure.

IT IS SO ORDERED.

WILLIAM D. STIEHL DISTRICT JUDGE


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