Rudolph v. Ballard et al, No. 3:2016cv00342 - Document 22 (W.D. Ky. 2017)
Court Description: MEMORANDUM OPINION by Senior Judge Thomas B. Russell on 7/18/2017 - 21 Motion to Dismiss is GRANTED. An appropriate order and judgment shall issue. cc: Counsel, Plaintiff-pro se(DAK)
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Rudolph v. Ballard et al Doc. 22 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION CIVIL ACTION NO. 3:16-CV-00342-TBR WILLIAM E. RUDOLPH, Plaintiff, v. RODNEY BALLARD, et al., Defendants. MEMORANDUM OPINION William E. Rudolph, a state inmate proceeding pro se and in forma pauperis, filed this 42 U.S.C. § 1983 action against several correctional personnel, including Teresa Bailey, whom he identifies as the Class D Coordinator of the Hardin County Detention Center. [R. 1 (Complaint).] Two months ago, the Court granted summary judgment to Rodney Ballard and Michael Durrett on the ground that Rudolph failed to exhaust his administrative remedies before filing this lawsuit. [R. 18 (Memorandum Opinion).] It appeared to the Court that judgment in Officer Bailey’s favor was appropriate for the same reason. [R. 20 (Order of May 3, 2017).] Accordingly, the Court ordered Rudolph to file a brief on or before May 21, 2017 addressing whether summary judgment in Officer Bailey’s was warranted. [Id.] Rudolph filed no responsive papers, and Officer Bailey has filed a motion to dismiss this action. [R. 21 (Motion to Dismiss).] For the reasons set forth in the Court’s previous Memorandum Opinion, Officer Bailey’s motion is well-taken. Therefore, Teresa Bailey’s Motion to Dismiss, [R. 21], is GRANTED. An appropriate order and judgment shall issue. Date: cc: July 18, 2017 Counsel of Record Plaintiff, pro se 1 Dockets.Justia.com
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