Mendez v. Quiros et al

Filing 9

ORDER regarding Amended Complaint. Second Amended Complaint due on 7/7/2017. Signed by Judge Victor A. Bolden on 6/7/2017. (Ghosh, S.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

KEZLYN MENDEZ,
Plaintiff,
v.
ANGEL QUIROS, et al.,
Defendants.

:
:
:
:
:
:
:
:
:

CASE NO. 3:16-cv-2097 (VAB)

JUNE 7, 2017

ORDER
Kezlyn Mendez (“Plaintiff”), currently incarcerated at the MacDougall-Walker
Correctional Center, filed this Complaint pro se under 42 U.S.C. § 1983. On January 25, 2017,
the Court filed an Initial Review Order dismissing Mr. Mendez’s claim for interference with his
mail and permitting him to amend his Complaint to assert a privacy claim. See Initial Review
Order, ECF No. 7 at 5, 6. Mr. Mendez has filed what purports to be an Amended Complaint.
See Am. Compl., ECF No. 8.
An amended complaint completely replaces a plaintiff’s original complaint. See Arce v.
Walker, 139 F.3d 329, 332 n.4 (2d Cir. 1998) (“It is well established that an amended complaint
ordinarily supersedes the original and renders it of no legal effect.”) (internal quotation marks
and citation omitted). In his purported Amended Complaint, Mr. Mendez references only
Captain Hall. Thus, the claims against all other defendants are considered withdrawn. In
addition, he does not follow the instructions in the Initial Review Order directing him to explain
(1) the basis for alleging that the Defendants disclosed his medical information and (2) the
1

medical information allegedly disclosed, allegations necessary to evaluate his claims. See Initial
Review Order, 6. Mr. Mendez does attempt, in conclusory fashion, to reassert his claim for
interference with legal mail.
In light of these issues, the Court will afford Mr. Mendez one more opportunity to file a
proper Complaint in this case. In the second Amended Complaint, Mr. Mendez shall include all
Defendants in the case caption, set forth the facts giving rise to his claims, and clearly state what
actions each Defendant took, or failed to take, that violated his constitutional rights. In addition,
the Court notes that Mr. Mendez has submitted letters indicating that the envelope contained
only medical records and did not contain information sent by a court or attorney. Thus, he also
should address why the Court should consider the documents to be privileged mail.
Mr. Mendez shall file his second amended complaint within thirty (30) days from the
date of this order using the Prisoner e-filing Program. If no amended Complaint is timely filed,
the Court will assume that Mr. Mendez wishes to proceed on the current Complaint.
SO ORDERED at Bridgeport, Connecticut, this 7th day of June 2017.
/s/ Victor A. Bolden
Victor A. Bolden
United States District Judge

2