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Ferebee v. Commonwealth

United States District Court, Western District of Virginia, Roanoke Division

February 21, 2014

LORENZO GERALD FEREBEE, Plaintiff,
v.
COMMONWEALTH OF VIRGINIA, etal, Defendants.

MEMORANDUM OPINION

Hon. Jackson L. Kiser Senior United States District Judge

Lorenzo Gerald Ferebee, a Virginia inmate proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. § 1983. By its Order entered January 24, 2014, the court advised Plaintiff that the Complaint contained misjoined claims against misjoined defendants, in violation of Rules 18(a) and 20 of the Federal Rules of Civil Procedure. The Order directed Plaintiff to file an amended complaint without misjoined claims and misjoined defendants within ten days. Also, the Order informed Plaintiff that the proposed amended complaint must stand by itself without reference to prior filings and warned that failure to correct the Complaint would result in dismissal of the Complaint without prejudice.

Despite receiving an extension of time, Plaintiff filed an Amended Complaint that still contains misjoined claims and defendants. Plaintiff names various medical providers, prison staff, and state officials as defendants to vague claims ostensibly about the prison law library, medical care, excessive force, and legal mail. However, Plaintiff does not describe a nexus between any of the claims and defendants, in violation of the court's prior Order.[1] Accordingly, this action is dismissed without prejudice for Plaintiffs failure to comply, pursuant to Rule 41(b), Fed.R.Civ.P. See Ballard v. Carlson. 882 F.2d 93, 96 (4th Cir. 1989) (stating pro se litigants must respect court orders and dismissal is an appropriate sanction for non-compliance); Donnelly v. Johns-Manville Sales Corp.. 677 F.2d 339, 340-41 (3d Cir. 1982) (recognizing a district court may sua sponte dismiss an action pursuant to Fed.R.Civ.P. 41(b)).


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