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, )

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

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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 _______________________________ 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:

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Case 2:06-cv-00450-MEF-CSC

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Filed 05/24/2006

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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

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Case 2:06-cv-00450-MEF-CSC

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Filed 05/24/2006

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