Bell v. Holder et al (INMATE 2)

Filing 6

ORDER directing Plaintiff to file, on or before August 16, 2011, a second amended complaint as further set out; directing the Clerk to send Plaintiff a § 1983 form to assist him in complying with the court's directives. Signed by Honorable Judge Terry F. Moorer on 8/2/2011. (br, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION _______________________________ DARRIUS BELL, #149 992 Plaintiff, v. * * * 2:11-CV-488-WHA (WO) DIRECTOR, UNITED STATES DEPT. * OF JUSTICE, et al., * Defendants. _______________________________ ORDER Pursuant to the order of the court, Plaintiff has filed an amended complaint. (Doc. No. 5.) Upon consideration of the amended complaint, the court finds it necessary to direct Plaintiff to file a further amendment regarding his allegation that he is being denied constitutionally adequate mental health treatment. Accordingly, it is ORDERED that on or before August 16, 2011 Plaintiff shall file a second amended complaint which: 1. Specifically identifies the individual(s) at the Bullock Correctional Facility who has allegedly denied Plaintiff mental health treatment and/or access to mental health treatment and provide facts to show that particular individual's participation or involvement in his claim. See Ashcroft v. Iqbal, ___ U.S. ___, 129 S.Ct. 1937, 1948 (2009) (“Because vicarious liability is inapplicable to Bivens and § 1983 suits, a plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.”); 2. Provides facts to support Plaintiff’s allegation that the individual(s) identified in ¶1 has failed to provide constitutionally adequate and/or compliant mental health treatment for sex offenders at the Bullock Correctional Facility; 3. Describes the steps Plaintiff has undertaken with regard to seeking mental health treatment, via correctional, medical, and/or mental health personnel, for his sex offender status, i.e., submission of inmate requests, grievances, etc., and the results of those efforts; 4. Complies 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 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) (emphasis added) (quoting Conley v. Gibson, 355 U.S. 41, 47(1957); see Fullman v. Graddick, 739 F.2d 553, 556-57 (11th Cir. 1984) (finding vague and conclusory claims are subject to dismissal). It is further ORDERED that the amended complaint filed in compliance with this order be submitted on a § 1983 form. Accordingly, the Clerk is DIRECTED to send Plaintiff a § 1983 form to assist him in complying with the directives contained herein. 2 Done, this 2nd day of August 2011. /s/ Terry F. Moorer TERRY F. MOORER UNITED STATES MAGISTRATE JUDGE 3

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