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, )

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.

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Done, this 2nd day of August 2011.

/s/ Terry F. Moorer
TERRY F. MOORER
UNITED STATES MAGISTRATE JUDGE

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