Rollins v. Reed et al (INMATE2)

Filing 4

ORDER directing the plaintiff to file an amended complaint, as further set out, on a form for use in filing a 42 U.S.C. § 1983 complaint; Amended Pleadings due by 1/31/2008. Signed by Judge Charles S. Coody on 1/17/2008. (cc, ) Mailed to plaintiff with 42 U.S.C. § 1983 complaint form.

Rollins v. Reed et al (INMATE2)

Doc. 4

Case 1:08-cv-00033-MHT-CSC

Document 4

Filed 01/17/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION _____________________________ WILLIAM AARON ROLLINS Plaintiff, v. COMM. K. REED, et al., Defendants. _____________________________ * * * * * 1:08-CV-33-MHT (WO)

ORDER This case is presently pending before the court on a complaint filed by William Rollins, an inmate incarcerated at the Houston County Jail. Upon review of the complaint, the court finds that it merely contains general conclusions of constitutional violations and fails to identify factual allegations material to specific counts lodged against the named defendants or other jail officials with respect to any violations of Plaintiff's constitutional rights. "This type of pleading completely disregards Rule 10(b)'s requirement that discrete claims should be plead in separate counts, see Anderson v. Dist. Bd. of Tr., 77 F.3d 364-36667 (11th Cir. 1996), and is the type of complaint that [has been] criticized time and again." Magluta v. Samples, 256 F.3d 1282, 1284 (11th Cir. 2001). Accordingly, the court deems it appropriate to require Plaintiff to amend his complaint to re-plead a complaint that respects

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Case 1:08-cv-00033-MHT-CSC

Document 4

Filed 01/17/2008

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the requirements of Rule 8, F.R.Civ.P., and the heightened pleading requirement for such cases as well as to correct the deficiencies noted herein. Accordingly, it is ORDERED that on or before January 31, 2008 Plaintiff shall file an amended complaint on a form for use in filing a 42 U.S.C. § 1983 complaint. See Local Rule 9.1 (requiring pro se litigants to utilize court's forms). The amended complaint filed in compliance with this order shall supersede the original complaint. This means that Plaintiff shall no longer rely on the original complaint and this case will proceed only on those claims raised and against those defendants named in the amended complaint filed in accordance with the order. It is further ORDERED that Plaintiff's amended complaint shall: 1. Specifically identify who the named defendants are; 2. Identify specific claims relative to actions taken against Plaintiff (not other inmates) by the named defendants and list these claims in separate counts; 3. Describe with clarity those factual allegations that are material to each specific count against the named defendant(s); and 4. Describe how each named defendant violated Plaintiff's constitutional rights. Plaintiff is hereby advised that the amendment to his complaint must set forth short and plain statements showing why he is entitled to relief and be specific enough to put each

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Case 1:08-cv-00033-MHT-CSC

Document 4

Filed 01/17/2008

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defendant on notice of how their conduct allegedly violated Plaintiffs' constitutional rights and should contain only claims relative to actions taken against him by the named defendants. Each allegation in the pleading should be simple, concise and direct. See Rule 8, Federal Rules of Civil Procedure. Plaintiff is further advised that his failure to timely and properly comply with the directives contained in this order will result in a Recommendation that this action be dismissed. Done, this 17th day of January 2008.

/s/ Charles S. Coody CHARLES S. COODY CHIEF UNITED STATES MAGISTRATE JUDGE

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