Erby v. Kula

ORDER

Maurice Erby, a Michigan prisoner proceeding pro se, appeals a district court judgment dismissing his civil rights action filed pursuant to 42 U.S.C. § 1983. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).

On April 16, 2003, Erby filed a civil rights action naming as defendant Jennifer Kula, a lieutenant at the Ionia Maximum Correctional Facility where Erby is incarcerated. On April 28, 2003, a deficiency order was filed…