Adkins v. Charlotte C.I. et al

Filing 14

ORDERED: Plaintiff Kenneth McClellen Adkins' Amended Complaint (Doc. 13) is DISMISSED without prejudice. Adkins may file a second amended complaint within 21 days of this Order. Otherwise, the Court will close this case without further notice. Signed by Judge Sheri Polster Chappell on 5/13/2024. (AEH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
KENNETH MCCLELLEN
ADKINS,
Plaintiff,
v.

Case No.: 2:24-cv-199-SPC-KCD

CHARLOTTE C.I., NOE,
CENTURION MEDICAL and
F.D.O.C. TALLAHASSEE,
Defendants.
/
OPINION AND ORDER
Before the Court is Plaintiff Kenneth McClellen Adkins’ Amended
Complaint (Doc. 13).

Adkins is a prisoner of the Florida Department of

Corrections (FDOC) and is litigating this civil-rights action pro se. Adkins
asserts an Eighth Amendment deliberate-indifference claim, but the Court
dismissed Adkins original complaint under 28 U.S.C. § 1915(e)(2) because it
did not include enough factual detail to state a plausible claim. The Court
identified the elements of an Eighth Amendment claim, then explained why
Adkins’ original complaint was deficient and instructed Adkins on how to
correct the deficiency:
The entirety of Adkins’ factual allegations are: “I was & have been
denied Hep C treatment mandated by federal courts[,]” which
caused “further deterioration of liver & bodily health.” (Doc. 1 at

5). That is not enough to state a plausible deliberate-indifference
claim. Adkins must allege facts that establish each of the elements
identified above. It is not enough for Adkins to allege that he was
harmed—he must allege facts showing that each defendant
violated his rights. And Adkins must state his factual claims in
separate, numbered paragraphs. See Fed. R. Civ. P. 10.
To continue this action, Adkins must file an amended complaint
that states a plausible deliberate-indifference claim and satisfies
federal pleading standards.
(Doc. 12 at 3-4).
Adkins did not follow the Court’s instructions when drafting his
Amended Complaint. Specifically, he failed to allege facts showing that any
individual defendant violated his rights. The Court will give Adkins one more
chance to amend.

A second amended complaint must state specific facts

describing how each individual defendant exhibited deliberate indifference to
Adkins’ medical need. Adkins must allege what each defendant did—he cannot
merely allege that he has been harmed, nor can he rely on the conclusory
allegation that the defendants have violated the law.
Accordingly, it is now
ORDERED:
Plaintiff Kenneth McClellen Adkins’ Amended Complaint (Doc. 13) is
DISMISSED without prejudice.

Adkins may file a second amended

complaint within 21 days of this Order. Otherwise, the Court will close
this case without further notice.

2

DONE and ORDERED in Fort Myers, Florida on May 13, 2024.

SA: FTMP-1
Copies: All Parties of Record

3