Brown v. Crittenden County Sheriff Department et al

Filing 7

ORDER granting 5 Defendants' Motion to Clarify; finding as moot 5 Defendants' Motion for Extension of Time to Answer. Defendants are excused from answering or otherwise responding to any of the Complaints currently filed with the Cour t. Plaintiff is ordered to file an Amended Complaint w/i 30 days of entry of this Order. That Amended Complaint will supersede all previously filed complaints. If Plaintiff wishes to proceed in forma pauperis in this Court, he is directed to file an application w/i 30 days of entry date of this Order. Signed by Judge Beth Deere on 6/25/07. (jct)

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Brown v. Crittenden County Sheriff Department et al Doc. 7 Case 3:07-cv-00083-SWW-BD Document 7 Filed 06/25/2007 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS J O N E S B O R O DIVISION J E F F E R Y BROWN, ADC #85075 V. C A S E NO. 3:07-CV-00083-SWW-BD P L A IN T IF F C R I T T E N D E N COUNTY S H E R I F F 'S DEPARTMENT, et al. DEFENDANTS ORDER D e f en d a n ts removed this 42 U.S.C. 1983 action (docket entry #1) and paid the f ilin g fee in full. Plaintiff, who is proceeding pro se, had submitted a Motion to Proceed I n Forma Pauperis with the Crittenden County Circuit Court, but that motion is not part o f the record that was removed to the District Court. The Prison Litigation Reform Act ("PLRA") requires prisoner plaintiffs who wish to proceed in forma pauperis in federal court to submit a proper and complete application, a lo n g with a calculation sheet prepared and signed by an authorized officer of the c o rre c tio n a l facility where he or she is being held. If Plaintiff wishes to proceed in forma p a u p e ris in this Court, he is directed to file an application within thirty days of the entry d a te of this Order. The Clerk of Court is directed to send Plaintiff an in forma pauperis a p p lic a tio n , along with a copy of this Order. Defendants have filed a motion to clarify which of Plaintiff's complaints they s h o u ld answer. (Docket Entry #5) Federal courts are required to screen prisoner c o m p la in ts seeking relief against a governmental entity, officer, or employee. 28 U.S.C. Dockets.Justia.com Case 3:07-cv-00083-SWW-BD Document 7 Filed 06/25/2007 Page 2 of 3 1915(e). The Court must dismiss a complaint or portion thereof if the prisoner has ra is e d claims that: (a) are legally frivolous or malicious; (b) fail to state a claim upon w h ic h relief may be granted; or (c) seek monetary relief from a defendant who is immune fro m such relief. 28 U.S.C. 1915(e)(2). W h e n this case was removed to federal court, the file included three different c o m p la in ts , each bringing different claims and naming different defendants. None of the c o m p la in ts includes a request for relief. On this record, it is unclear what claims Plaintiff in te n d s to pursue against which Defendants. Thus, it is impossible for the Court to screen th e complaint as required under federal law. 28 U.S.C. 1915 Likewise, it is impossible f o r Defendants to frame a proper answer or other response. Accordingly, Defendant's Motion to Clarify (docket entry #5) is GRANTED. Defendants are excused from answering or otherwise responding to any of the complaints (d o c k e t entries #2, #3, and #4) currently filed with the Court. Plaintiff is ordered to file a n amended complaint within 30 days of entry of this Order. That amended complaint w ill supersede all previously filed complaints. In the amended complaint, Plaintiff must: (1) specifically name each Defendant whom he intends to sue; (2) state specific facts e x p la in in g how each named Defendant acted to deny Plaintiff his rights; (3) state whether e a ch Defendant is sued in an individual or official capacity, or both; (4) state whether he f iled a grievance based on the facts presented in the complaint; and (5) state the specific re lie f requested. 2 Case 3:07-cv-00083-SWW-BD Document 7 Filed 06/25/2007 Page 3 of 3 IT IS SO ORDERED this 25th day of June, 2007. _____________________________________ U N IT E D STATES MAGISTRATE JUDGE 3

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