Cooper v. Ducharme et al

Filing 5

ORDER Directing Plaintiff To File Supplement, by Magistrate Judge Boyd N. Boland on 05/13/13. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01154-BNB
CORY COOPER,
Plaintiff,
v.
ART DUCHARME, Program Supervisor for Therapeutic Community at San Carlos
Correctional Facility, individual and official capacities, and
DAVE BOOTH, Program Director of Therapeutic Communities for the Colorado
Department of Corrections, individual and official capacities,
Defendants.

ORDER DIRECTING PLAINTIFF TO FILE SUPPLEMENT

Plaintiff, Cory Cooper, is a prisoner in the custody of the Colorado Department of
Corrections who currently is incarcerated at the Crowley County Correctional Facility in
Olney Springs, Colorado. He filed pro se a Prisoner Complaint (ECF No. 1) for money
damages and declaratory relief. He has been granted leave to proceed pursuant to 28
U.S.C. § 1915.
The Court must construe liberally the Prisoner Complaint because Mr. Cooper is
not represented by an attorney. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972);
Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). However, the Court should not
be an advocate for a pro se litigant. See Hall, 935 F.2d at 1110. For the reasons stated
below, Mr. Cooper will be ordered to file a supplement to his complaint that clarifies the
factual basis for his third and fourth claims.
Mr. Cooper alleges that, despite the dismissal of disciplinary charges against him

for failure to work, Defendant Dave Booth denied him credit for the 164 days he spent in
the therapeutic community program before his placement on restricted privileges status
in violation of his Eighth Amendment rights to be free from cruel and unusual
punishment (claim three) and his Fourteenth Amendment due process rights (claim
four). Mr. Cooper fails to explain the kind of credit he allegedly received through
participation in the therapeutic community program. He does not discuss whether these
were good-time credits, earned-time credits, or some other form of credit, and how the
deprivation of these credits violated his Eighth and Fourth amendment rights.
Therefore, Mr. Cooper will be directed to file a clear and concise supplement that
clarifies the third and fourth claims asserted in the complaint.
Accordingly, it is
ORDERED that Plaintiff, Cory Cooper, file within fifteen (15) days from the
date of this order, a supplement to the Prisoner Complaint that clarifies his third and
four claims as discussed in this order. It is
FURTHER ORDERED that, if Mr. Cooper fails to file a supplement that complies
with this order within the time allowed, the third and fourth claims will be dismissed
without further notice.
DATED May 13, 2013, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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