Summary
stating that “pursuant to 28 U.S.C § 1915A, the district court screened the complaint and dismissed it without prejudice before service was made upon any of the defendants . . [such that] . . . only [the plaintiff] [wa]s a party to this appeal”
Summary of this case from Ross v. WashingtonOpinion
No. 04-5514.
Filed: January 4, 2007.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY.
BEFORE: MARTIN, NORRIS, and GIBBONS, Circuit Judges.
MEMORANDUM OPINION
This appeal from an order of the district court dismissing plaintiff's complaint for failure to state a claim is before us in an unusual posture. Proceeding pro se, inmate Jessie Conway filed suit against several governmental entities and individuals involved in the criminal justice system of Fayette County, Kentucky. The complaint alleges that defendants violated a number of plaintiff's (and other inmates') constitutional rights. Pursuant to 28 U.S.C. § 1915A, the district court screened the complaint and dismissed it without prejudice before service was made upon any of the defendants. Accordingly, only Mr. Conway is a party to this appeal.
During oral argument, appointed counsel informed the court that Mr. Conway is no longer in custody and that, despite the best efforts of his firm and the clerk of this court, efforts to locate him have been futile. Under the circumstances, we conclude that the appeal should be dismissed. Because the district court dismissed the complaint without prejudice, should plaintiff reappear, there appears to be nothing to prevent him from re-filing his complaint so long as he complies with the requisite statute of limitations.
The judgment is affirmed.