Nixon v. Cox
ORDER allowing Plaintiff one final opportunity in which to submit an Amended Complaint in accordance with the directions set forth in this Order and in the May 25, 2017 Order, within 20 days of the date of this Order. Failure to comply with this Orde r shall result in the dismissal without prejudice of Plaintiff's complaint for failure to state a claim upon which relief may be granted. The Clerk is directed to forward to Plaintiff a 1983 complaint form. Signed by Magistrate Judge Jerome T. Kearney on 7/5/2017. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
By Order dated May 25, 2017 (Doc. No. 7), this Court granted Plaintiff=s Motion to Proceed in
forma pauperis in this action filed pursuant to 42 U.S.C. § 1983 (Doc. No. 7). However, finding
Plaintiff=s Complaint too vague and conclusory to enable the Court to determine whether it is frivolous,
fails to state a claim, or states a legitimate claim, the Court directed Plaintiff to submit an Amended
Complaint within thirty days. The Court asked Plaintiff to: A1) name all the parties he believes
deprived him of his constitutional rights and whom he wishes to sue in this action; 2) provide specific
facts against each named Defendant in a simple concise, and direct manner; 3) indicate whether he is
suing each Defendant in his/her individual or official capacity, or in both capacities; 4) state how he
was harmed; and 5) state whether he is incarcerated as a pretrial detainee. Plaintiff must set forth
specific facts concerning the allegations he has set forth, including, where applicable, dates, times and
places.@ (Doc. No. 7, pp. 3-4).
Plaintiff has submitted several “Notices,” which include exhibits and random statements
concerning the lack of adequate medical care (Doc. Nos. 8-12). However, he has not provided to the
Court a single document which includes all his allegations against all named defendants, in accordance
with the instructions set forth in the May 25, 2017 Order. The Court cannot glean Plaintiff=s allegations
against the Defendant(s) from the numerous ANotices” he has filed. The federal rules require the
Complaint to include a Ashort and plain statement of the claim showing that the pleader is entitled to
relief.@ FED.R.CIV.P. 8(a)(2).
Additionally, to survive a court's 28 U.S.C. ' 1915(e)(2) and 42
U.S.C. ' 1997e(c)(1) screening, a complaint must contain sufficient factual matter, accepted
as true, to Astate a claim to relief that is plausible on its face.@ Ashcroft v. Iqbal, 556 U.S. 662, 678
(2009), citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 547 (2007). A claim has facial
plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable
inference that the defendant is liable for the misconduct alleged. Twombly, 550 U.S. at 556-7.
The plausibility standard is not akin to a Aprobability requirement,@ but it asks for more than a
sheer possibility that a defendant has acted unlawfully. Where a complaint pleads facts that are
Amerely consistent with@ a defendant's liability, it Astops short of the line between possibility and
plausibility of entitlement to relief.@ Id.
Therefore, the Court will provide Plaintiff one final opportunity in which to submit a single
document which lists his Defendants, specifies the actions each of the Defendants took against
Plaintiff, and how those actions violated Plaintiff=s constitutional rights. As noted in the May 25, 2017
Order, Plaintiff should include references to dates, times, and places, where applicable. If Plaintiff
does not comply with this directive, his Complaint will be dismissed for failure to state a claim pursuant
to Ashcroft v. Iqbal and Bell Atlantic Corp. v. Twombly. Accordingly,
IT IS, THEREFORE, ORDERED that Plaintiff shall have one final opportunity in which to
submit an Amended Complaint in accordance with the directions set forth in this Order and in the May
25, 2017 Order, within twenty days of the date of this Order. Failure to comply with this Order shall
result in the dismissal without prejudice of Plaintiff=s Complaint for failure to state a claim upon which
relief may be granted.
The Clerk is directed to forward to Plaintiff a § 1983 complaint form.
IT IS SO ORDERED this 5th day of July, 2017.
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE
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