Matthews v. Clark et al (INMATE2)

Filing 4

ORDERED that on or before 3/29/06 plaintiff shall amend his 1 Inmate 1983 Complaint to provide information as set out in order. Signed by Judge Charles S. Coody on 3/15/06. (sl, )

Matthews v. Clark et al (INMATE2)

Doc. 4

Case 2:06-cv-00180-MEF-CSC

Document 4

Filed 03/15/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION _______________________________ A M O S MATTHEWS P l a in tif f , v. A N T H O N Y CLARK, et al., D e f e n d a n ts . _______________________________ * * * * * 2:06-CV-180-MEF (WO)

ORDER T h is case is presently pending before the court on a complaint filed by Amos M a tth e w s ["Matthews"], an inmate incarcerated in the Covington County Jail. A thorough re v ie w of this complaint indicates that although Matthews lists Anthony Clark and Leland E n z o r as defendants, the complaint fails to identify who these individuals are, merely c o n ta in s general conclusions of constitutional violations, and fails to identify factual a lleg a tio n s material to specific counts lodged against the named defendants with respect to a n y violations of Matthew's constitutional rights. "This type of pleading completely disregards Rule 10(b)'s requirement that discrete c la im s should be plead in separate counts, see Anderson v. Dist. Bd. of Tr., 77 F.3d 364-3666 7 (11 th Cir. 1996), and is the type of complaint that [has been] criticized time and again."

Dockets.Justia.com

Case 2:06-cv-00180-MEF-CSC

Document 4

Filed 03/15/2006

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M a g lu ta v. Samples, 256 F.3d 1282, 1284 (11 th Cir. 2001). Accordingly, the court deems it a p p ro p ria te to require Matthews to amend his complaint to correct the deficiencies noted h e re in . Accordingly, it is O R D E R E D that on or before March 29, 2006 Plaintiff shall amend his complaint to provide the following additional factual information: 1 . Specifically identify who the named defendants are; 2 . Identify specific claims relative to actions taken against him by the named d e f e n d a n ts and list these claims in separate counts; 3. Describe with clarity those factual allegations that are material to each specific c o u n t against the named defendant(s); and 4 . Describe how each named defendant violated his constitutional rights. P lain tiff is hereby advised that the amendment to his complaint must set forth short a n d plain statements showing why he is entitled to relief and be specific enough to put each d e f e n d a n t on notice of how their conduct allegedly violated Plaintiffs' constitutional rights a n d should contain only claims relative to actions taken against him by the named defendants. E a c h allegation in the pleading should be simple, concise and direct. See Rule 8, Federal R u l e s of Civil Procedure. Plaintiff is further advised that his failure to timely and properly c o m p ly with the directives contained in this order will result in a Recommendation that this

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Case 2:06-cv-00180-MEF-CSC

Document 4

Filed 03/15/2006

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a c tio n be dismissed. Done this 15 th day of March, 2006.

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

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