Gonzalez v. Tallapoosa County Sheriff's Dept. et al (INMATE2)

Filing 3

ORDERED that on or before 6/6/06, plaintiff shall amend his 1 Inmate 1983 Complaint to provide additional factual information as further set out in order. Signed by Judge Charles S. Coody on 5/24/06. (sl, )

Download PDF
Gonzalez v. Tallapoosa County Sheriff's Dept. et al (INMATE2) Doc. 3 Case 2:06-cv-00450-MEF-CSC Document 3 Filed 05/24/2006 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION _______________________________ E R N E S T O GONZALEZ P l a in tif f , v. * * * 2:06-CV-450-MEF (WO) T A L L A P O O S A COUNTY SHERIFF'S * O F F IC E , 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). T h is action contains a claim that Plaintiff was falsely imprisoned at the Kilby Correctional F a c i li ty. Plaintiff identifies as Defendants persons and/or entities located at two different p e n a l facilities within the jurisdiction of this District. Further, the complaint merely contains g e n e ra l conclusions of constitutional violations, and fails to identify factual allegations m a te ria l to specific counts lodged against the named defendants with respect to any v io latio n s of Plaintiff's constitutional rights. The court, therefore, deems it appropriate to re q u ire Plaintiff to amend his complaint to correct the deficiencies noted herein. Accordingly, it is O R D E R E D that on or before June 6, 2006 Plaintiff shall amend his complaint to p ro v id e the following additional factual information: Dockets.Justia.com Case 2:06-cv-00450-MEF-CSC Document 3 Filed 05/24/2006 Page 2 of 3 1 . State his status in the Tallapoosa County Jail at the time of his transfer to the Kilby C o rr e c tio n a l Facility, i.e, pre-trial detainee, parole violator, convicted inmate; 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 la in tif f 's amended complaint should comply with F.R.Civ.P. 8(a) which requires that a plaintiff plead "'a short and plain statement of the claim that will give the defendant fair n o tic e of what the plaintiff's claim' is and the grounds upon which it rests." Leatherman v. T a rr a n t 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 su b jec t to dismissal). 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 a c tio n be dismissed. Done this 24th day of May, 2006. /s/Charles S. Coody CHARLES S. COODY CHIEF UNITED STATES MAGISTRATE JUDGE 2 Case 2:06-cv-00450-MEF-CSC Document 3 Filed 05/24/2006 Page 3 of 3 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?