Frazier v. Cawley et al

Filing 3

ORDER directing the Clerk of Court to send Mr. Frazier a copy of this Order and a new IFP application form. Mr. Frazier must return the completed application within thirty days or submit the $400.00 filing fee within thirty days. Further, Mr. Fr azier is directed to submit an Amended Complaint within thirty days containing only one constitutional claim. He may not include multiple claims arising from different factual scenarios and different time periods. Signed by Magistrate Judge Beth Deere on 10/23/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
MICHAEL D. FRAZIER,
ADC #151108
V.

PLAINTIFF
CASE NO. 3:13CV00221 KGB/BD

JOHN CAWLEY, et al.

DEFENDANTS
ORDER

Plaintiff Michael D. Frazier, an inmate in the Greene County Detention Facility,
has filed a pro se complaint under 42 U.S.C. § 1983 and has moved to proceed in forma
pauperis (“IFP).1 (Docket entries #1 and #2) Because Mr. Frazier has not provided
required documentation, his request to proceed IFP cannot be granted.
The Clerk of Court is directed to send Mr. Frazier a copy of this order and a new
IFP application form. Mr. Frazier must return the completed application, including an
accompanying affidavit and jail account information, within thirty days if he wishes to
proceed IFP. In the alternative, he may pay the $400.00 filing fee within thirty days. If
he does neither, however, the lawsuit will be dismissed.

1

Local Rule 5.5(c)(2) includes requirements for parties who are not represented
by counsel. They must: promptly notify the Clerk and other parties in the case of any
change in address; monitor the progress of the case and prosecute or defend the case
diligently; sign all pleadings and include a current address, zip code, and telephone
number; and be familiar with and follow both Local Rules and the Federal Rules of Civil
Procedure. Any plaintiff not represented by counsel must respond to communications
from the Court within thirty (30) days, or the case can be dismissed.

If Mr. Frazier is allowed to proceed IFP, he will still have to pay a $350.00 filing
fee, but he will be allowed to pay the fee in monthly installments.2 28 U.S.C.
§1915(b)(1).
In his complaint, Mr. Fraizer alleges that his constitutional rights were violated at
the Greene County Detention Center in May of 2013. He also alleges that both before
and after his assignment to the Technical Violations Program in Malvern, Arkansas, he
was subjected to unconstitutional conditions of confinement and his medical needs
ignored.
Plaintiffs cannot bundle multiple claims arising from different events that occurred
at different times in one lawsuit. That is what Mr. Frazier has attempted to do in this
complaint. He must file an amended complaint. In that amended complaint, he may
assert only one constitutional claim. He may not include multiple claims arising from
different factual scenarios and different time periods.
If Mr. Fraizer fails to comply with this Order, the Court may dismiss some or all of
his claims. He has thirty days to file an amended complaint.
IT IS SO ORDERED this 23rd day of October, 2013.

___________________________________
UNITED STATES MAGISTRATE JUDGE
2

Effective May 1, 2013, the cost of filing a civil lawsuit in federal court was
increased from $350.00 to $400.00. However, if an individual is granted in forma
pauperis status, the additional $50.00 is waived, and the filing fee remains $350.00.
2