Anderson v. Campbell et al (INMATE1)

Filing 4

ORDERED that on or before 8/19/05, the plaintiff shall filed an amended complaint as further set out in order. Signed by Judge Charles S. Coody on 8/5/05. (sl, )

Anderson v. Campbell et al (INMATE1)

Doc. 4

Case 2:05-cv-00719-WHA-CSC

Document 4

Filed 08/05/2005

Page 1 of 3

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION M IC H A E L D. ANDERSON, #156270, Plaintiff, v. D O N A L CAMPBELL, et al., Defendants. ) ) ) ) ) ) ) ) ) ORDER O n August 2, 2005, the plaintiff filed a complaint in which he seeks to challenge a c tio n s taken against fellow inmates and persons visiting the Bullock County Correctional F a c i l i t y. However, the plaintiff lacks standing to assert alleged violations of the

C I V I L ACTION NO. 2:05-CV-719-A WO

c o n s titu tio n a l rights of other persons. Saladin v. City of Milledgeville, 812 F.2d 687 (11 th C ir. 1987); Allen v. Wright, 468 U.S. 737, 751 (1984). Moreover, the complaint is rambling a n d fails to identify factual allegations material to each specific count lodged against the d e f en d a n ts . "This type of pleading completely disregards Rule 10(b)'s requirement that d is c re te claims should be plead in separate counts, see Anderson v. Dist. Bd. of Tr., 77 F.3d 3 6 4 -3 6 6 -6 7 (11 th Cir. 1996), and is the type of complaint that [has been] criticized time and a g a in ." Magluta v. Samples, 256 F.3d 1282, 1284 (11 th Cir. 2001). "[D]istrict Courts c o n f ro n te d by such complaints have the inherent authority to demand repleader sua sponte. S e e Johnson Enters. of Jacksonville, Inc. v. FPL Group, Inc., 162 F.3d 1290, 1332 n.94 (11 th

Dockets.Justia.com

Case 2:05-cv-00719-WHA-CSC

Document 4

Filed 08/05/2005

Page 2 of 3

C ir. 1998); Fikes v. City of Daphne, 79 F.3d 1079, 1083 n.6 (11th Cir. 1996)." Magluta, 256 F .3 d at 1284 n.3. Under these circumstances, a "district court should enter an order striking th e deficient complaint and requir[ing] a repleading of all claims in a complaint that respects th e requirements of Rule 8 and the heightened pleading requirement for [such] cases." Id. a t 1285. In light of the foregoing, the court deems it appropriate to require the plaintiff to re p lea d the claims presented in the instant cause of action. Accordingly, it is O R D E R E D that on or before August 19, 2005 the plaintiff shall file an amended c o m p la in t which: 1 . Presents specific claims relative to actions taken against him by the defendants and lis ts these claims in separate counts. 2. Asserts with clarity those factual allegations that are material to each specific c o u n t. 3 . Describes how each named defendant violated his constitutional rights. 4 . States the precise relief he seeks from this court. T h e plaintiff is hereby advised that this case will proceed only on those claims p r e s e n te d and against the defendants named in the amended complaint. The amended c o m p lain t must set forth short and plain statements showing why the plaintiff is entitled to re lie f . Each allegation in the pleading should be simple, concise and direct. See Rule 8, F e d e r a l Rules of Civil Procedure.

2

Case 2:05-cv-00719-WHA-CSC

Document 4

Filed 08/05/2005

Page 3 of 3

T h e plaintiff is cautioned that if he fails to comply with the directives of this order the M a g is tra te Judge will recommend that this case be dismissed. Done this 5 th day of August, 2005.

/s/Charles S. Coody CHARLES S. COODY C H IE F UNITED STATES MAGISTRATE JUDGE

3