McLaurine v. City of Auburn et al (MAG+)

Filing 4

ORDER DIRECTING plf to amend his complaint to include facts in support of each of his claims and to present each claim for relief in a separate count, as further set out in order; Amended Pleadings due by 11/27/2006; ORDERED that plf's MOTION for Appointment of Counsel is DENIED without prejudice, as further set out in order. Signed by Judge Susan Russ Walker on 11/16/06. (wcl, )

McLaurine v. City of Auburn et al (MAG+)

Doc. 4

Case 3:06-cv-01014-MEF-SRW

Document 4

Filed 11/16/2006

Page 1 of 2

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION WILLIAM S. McLAURINE II, Plaintiff, v. CITY OF AUBURN, ALABAMA, et al., Defendants. ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 3:06CV1014-MEF ( W O)

ORDER Upon review of the complaint filed by the pro se plaintiff in this civil rights action, the court concludes that the complaint must be amended before this action may proceed. Plaintiff has named seventeen defendants. Some of the defendants are identified in the complaint, but the complaint contains no allegations explaining what these defendants have allegedly done to give rise to a cause of action. With regard to other defendants, the plaintiff's allegations are conclusory statements of law which do not include factual detail sufficient to demonstrate that plaintiff is entitled to relief. In order to proceed in this case, the court must know what it is that each defendant is alleged to have done in violation of the plaintiff's rights. Additionally, the defendants cannot be expected to respond to the complaint as presently framed. Accordingly, it is ORDERED that plaintiff is DIRECTED to amend his complaint, on or before November 27, 2006 to include facts in support of each of his claims and to present each claim for relief in a separate count. Each count must specifically identify the defendants

Dockets.Justia.com

Case 3:06-cv-01014-MEF-SRW

Document 4

Filed 11/16/2006

Page 2 of 2

against whom it is brought and must specifically allege the conduct of each such defendant. Each count may include only one legal theory of relief, and must include the specific relief plaintiff seeks from each defendant under that count. Each count must contain all of the factual allegations ­ and only those factual allegations ­ which support that particular claim for relief and may not incorporate previous allegations by reference. Plaintiff is advised that if he fails to file an amended complaint as set forth above within the time allowed by the court, the undersigned Magistrate Judge may recommend dismissal of this action. Additionally, it is ORDERED that plaintiff's motion for appointment of counsel (included within his motion to proceed in forma pauperis) is DENIED without prejudice. The court will not consider appointment of counsel until after it has had an opportunity to examine the factual allegations of plaintiff's amended complaint. Plaintiff should know the facts on which his claims are based without the assistance of counsel. DONE, this 16th day of November, 2006.

/s/ Susan Russ Walker SUSAN RUSS WALKER UNITED STATES MAGISTRATE JUDGE

2