Taylor v. Henderson

Filing 15

MEMORANDUM ORDER as follows: 1. The defendants' motion to dismiss is denied without prejudice to renew (D.I 7 .) 2. The plaintiffs motion to amend is granted. (DI. 10 .) An amended complaint shall be filed within thirty (30) days from the date of this order. If an amended complaint is not filed within that time-frame, the matter may be dismissed for failure to prosecute the case.3. The plaintiffs motion for pretrial conference and/or scheduling management order pursuant to Fed. R. Civ. P. 16 is denied. (D.I. 13 .) 4. The plaintiffs motion for discovery conference pursuant to Fed. R. Civ. P. 26(1) is denied. (D.I. 14 .) 3. Signed by Judge Gregory M. Sleet on 3/24/14. (rwc)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE

RICHARD D. TAYLOR,
Plaintiff,
v.
DAVID HENDERSON,
Defendant.

)

)
)
)
) Civ. Action No. 12-1105-GMS
)
)
)
)

MEMORANDUM ORDER
The plaintiff, Richard D. Taylor ("Taylor"), an inmate at the James T. Vaughn
Correctional Center, Smyrna, Delaware, appears pro se. Before the court is the defendant's
motion to dismiss, and Taylor's motion for leave to amend and for pretrial and discovery
conferences. (D.I. 7, 10, 13, 14.)

I.

BACKGROUND
Taylor filed his complaint raising a claim pursuant to 42 U.S.C. § 1983 alleging that he

was improperly denied parole. He seeks injunctive relief. The defendant moves to dismiss
pursuant to Fed. R. Civ. P. 12(b)(6). In tum, Taylor filed a motion to amend to cure his pleading
defects. (D.I. 10.) Taylor also moves for pretrial and discovery conferences. (D.L 13, 14.)

II.

MOTION TO DISMISS
To survive a motion to dismiss, a plaintiffs complaint must state a plausible claim for

relief. Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S.
544, 556 (2007)). The plausibility standard requires "more than a sheer possibility that a
defendant has acted unlawfully." Iqbal, 552 U.S. at 678. A simple recitation of the elements ofa
claim, accompanied by conclusory statements of law, will not suffice. Id. (citing Twombly, 550

U.S. at 555). When determining whether dismissal is appropriate, the court must take three
steps: "(1) identify[] the elements of the claim, (2) review[] the complaint to strike conclusory
allegations, and then (3) look[] at the well-pleaded components of the complaint and evaluat[e]
whether all of the elements identified in part one of the inquiry are sufficiently alleged." Malleus
v. George, 641 F.3d 560, 563 (3d Cir. 2011). Elements are sufficiently alleged when the facts in
the complaint "show" that the plaintiff is entitled to relief. Iqbal, 556 U.S. at 679 (quoting Fed.
R. Civ. P. 8(a)(2)). Deciding whether a claim is plausible will be a "context-specific task that
requires the reviewing court to draw on its judicial experience and common sense." Id.
The defendant's motion to dismiss contains matters outside the pleadings that, at this
juncture, the court does not consider. See Fed. R. Civ. P. 12(d). Moreover, Taylor seeks leave to
amend and in his opposition to the motion to dismiss provides a potentially plausible claim for
relief. Taylor proceeds pro se, and further, the Third Circuit has adopted a liberal approach to the
amendment of pleadings to ensure that "a particular claim will be decided on the merits rather
than on technicalities." Dole v. Areo Chern. Co., 921 F.2d 484,486-87 (3d Cir. 1990) (citations
omitted). Accordingly, the court will deny the defendant's motion to dismiss without prejudice
to renew, and will grant Taylor leave to amend.

III.

CONFERENCES
The court will deny Taylor's motion for pretrial conference and/or scheduling

management order pursuant to Fed. R. Civ. P. 16 (D.I. 13) and motion for discovery conference
pursuant to Fed. R. Civ. P. 26(f) (D.I. 14.). Pursuant to the local rules of this court, the
scheduling conference and order requirements of Fed. R. Civ. P. 16(b) and 26(f) are exempt in
actions in which one of the parties appears pro se. See D. Del. LR 16.2. Taylor proceeds pro se.

2

IV.

CONCLUSION
IT IS THEREFORE ORDERED, as follows:
1. The defendants' motion to dismiss is denied without prejudice to renew (D.L 7.)
2. The plaintiffs motion to amend is granted. (DJ. 10.) An amended complaint shall

be filed within thirty (30) days from the date of this order. If an amended complaint is not filed
within that time-frame, the matter may be dismissed for failure to prosecute the case.
3. The plaintiffs motion for pretrial conference and/or scheduling management order
pursuant to Fed. R. Civ. P. 16 is denied. (D.I. 13.)
4. The plaintiffs motion for discovery conference pursuant to Fed. R. Civ. P. 26(1) is

denied. (D.I. 14.)

3