Cochran v. Lee County Jail (INMATE2)

Filing 3

ORDER that on or before 1/25/06 the Plaintiff file an amendment to 1 Inmate 1983 Complaint as directed herein ; Amended Pleadings due by 1/25/2006. Signed by Judge Delores R. Boyd on 1/11/2006. (ag, )

Cochran v. Lee County Jail (INMATE2)

Doc. 3

Case 3:06-cv-00017-MHT-DRB

Document 3

Filed 01/11/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA E A ST E R DIVISION __________________________________ J U ST IN NOEL COCHRAN P l a i n t if f , v. LE E COUNTY JAIL * * * * 3:06-CV-17-MHT (WO)

D e fe n d a n t. * __________________________________ ORDER P la in tiff is incarcerated in the Lee County Detention Center located in Opelika, A la b a m a. He files the instant 42 U.S.C. § 1983 action complaining that the conditions of c o n fin e m e n t in the detention center are unconstitutional. Plaintiff names the Lee County Ja il as the sole defendant. P l a in tiff's complaint has been accepted for filing. His complaint against the Lee C o u n ty Jail, however, may not go forward as this entity is not subject to suit or liability in a complaint filed under 42 U.S.C. § 1983. See Dean v. Barber, 951 F.2d 1210, 1214 (11 th C ir. 1992). Therefore, before further proceedings in this matter are conducted, the court d e e m s it appropriate to direct Plaintiff to amend his complaint to name the person(s) resp o n sible for the alleged violation of his constitutional rights. Accordingly, it is ORDERED that:

Dockets.Justia.com

Case 3:06-cv-00017-MHT-DRB

Document 3

Filed 01/11/2006

Page 2 of 2

1. On or before January 25, 2006 Plaintiff shall file an amendment to his complaint a s directed herein. Plaintiff is forewarned that his failure to file an amended complaint in c o m p lia n c e with the directives contained in this order will result in a Recommendation that th is action be dismissed without further notice from the court; 2 . Plaintiff's amended complaint should specifically describe how each individual id e n tified as a defendant to this action violated his constitutional rights. In his response to th is order, Plaintiff must separately list each defendant and delineate by his/her name the a c tio n s and/or conduct which Plaintiff contends violated his constitutional rights. A d d itio n a lly , Plaintiff shall set forth short and plain statements showing why he is entitled to relief. Each allegation in the amendment should be simple, concise and direct. See Rule 8 , Federal Rules of Civil Procedure. Done this 11 th day of January 2006.

/s / Delores R. Boyd D E LO R E S R. BOYD U N IT E D STATES MAGISTRATE JUDGE