Farrow v. Campbell et al (INMATE2)

Filing 3

ORDERED that on or before 5/17/06, plaintiff shall file an amended complaint on a form for use in filing a 42 USC 1983 complaint as further set out in order. The Clerk is directed to send to plaintiff a form for use in filing a complaint under 1983. Signed by Judge Vanzetta P. McPherson on 5/4/06. (sl, )

Farrow v. Campbell et al (INMATE2)

Doc. 3

Case 2:06-cv-00360-ID-WC

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Filed 05/04/2006

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION _______________________________ D E A N EFFARAGE FARROW, #111 719 P l a i n t if f , v. F O R M E R COMMISSIONER, D O N A L CAMBPELL, et al., D e f e n d a n ts . _______________________________ ORDER T h is matter is before the court for screening pursuant to 28 U.S.C. § 1915(e)(2)(B). U p o n review of the complaint, the court finds that the pleading contains claims that are not re la te d to each other. That is, this action contains claims based on a dispute over medical * * * * * 2:06-CV-360-ID (W O )

c a re and treatment, retaliation as a result of a previous lawsuit filed by Plaintiff, an unlawful s e a rc h and seizure regarding information in Plaintiff's PMOD, and interference with legal a n d non-legal mail. In addition to the variety of claims, Plaintiff identifies as Defendants p erso n s located at two different institutions within the jurisdiction of this District. Further, th e complaint merely contains general conclusions of constitutional violations, and fails to

identify factual allegations material to specific counts lodged against the named defendants with respect to any violations of Plaintiff's constitutional rights.
In light of the foregoing, it is O R D E R E D that on or before May 17, 2006, Plaintiff shall file an amended complaint

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Case 2:06-cv-00360-ID-WC

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Filed 05/04/2006

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on a form for use in filing a 42 U.S.C. § 1983 complaint. See Local Rule 9.1 (requiring pro s e litigants to utilize court's forms). Plaintiff's original complaint shall be superseded by this a m e n d e d complaint. That means Plaintiff shall no longer rely on the original complaint. That being said, the claims and defendants in the complaint form should be less numerous th a n those contained in the original complaint due to the following pleading requirements. It is necessary for Plaintiff to file a separate complaint for each claim unless the claims are re la te d to the same incident or issue. Thus, for each different claim, Plaintiff must file a s e p a ra te complaint and pay the $350.00 filing fee or, in lieu thereof, file a motion to proceed w ith o u t prepayment of fees and costs. Plaintiff must, therefore, decide on which claims he w ill proceed in this action. Accordingly, it is further ORDERED that: 1 . Plaintiff file an amended complaint containing one claim and any claims that can b e shown closely related to it, i.e., arising out of the same incident or facts. Claims c o n c ern in g Defendants located at different institutions should be brought in other actions file d in the district where the prison is located; 2 . In that portion of the complaint form where Plaintiff must identify each individual th a t he seeks to name as a defendant, Plaintiff must provide facts to show that particular in d iv id u a l's participation or involvement in his claim. That is, Plaintiff must state

sp ec ifically what that individual defendant did or failed to do and what he or she knew. If th e re are more defendants than there are spaces on the form, Plaintiff may attach additional p a g e s to the form, but he must follow the format contained in the form for each additional d e fe n d a n t and identify his claim(s) against each defendant;

Case 2:06-cv-00360-ID-WC

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Filed 05/04/2006

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3. Plaintiff's amended complaint should comply with F.R.Civ.P. 8(a) which requires th a t a plaintiff plead "'a short and plain statement of the claim that will give the defendant f a ir notice of what the plaintiff's claim' is and the grounds upon which it rests." Leatherman v . Tarrant County Narcotics Intelligence and Coordination Unit, 507 U.S. 163, 168 (1993) (e m p h a s is added) (quoting Conley v. Gibson, 355 U.S. 41, 47(1957); see Fullman v. G r a d d ic k , 739 F.2d 553, 556-57 (11th Cir. 1984) (finding vague and conclusory claims are s u b je c t to dismissal). The Clerk is DIRECTED to send to Plaintiff a form for use in filing a complaint under § 1983. Plaintiff is advised that his failure to file an amended complaint within the p re sc rib e d time and in accordance with the directives contained in this order will result in a R e c o m m e n d a tio n that this case be dismissed for failure to prosecute and to obey the court's o rd e r. Furthermore, the failure to plead an amended complaint that complies with F.R.Civ.P. 8 (a ), that is, a complaint that provides fair notice to the court and a defendant of the claim a g a in s t the defendant, after being required to replead a complaint, will result in a R e c o m m e n d a tio n that the complaint be dismissed under F.R.Civ.P. 41(b) for failure to c o m p ly with the court's order. Pelletier v. Zweifel, 921 F.2d 1465, 1522 n.103 (11th Cir. 1 9 9 1 ). D o n e this 4 th day of May 2006.

/s / Vanzetta Penn McPherson V A N Z E T T A PENN MCPHERSON U N IT E D STATES MAGISTRATE JUDGE