Boatright v. Sheriff Bill Leeper et al

Filing 4

ORDER directing Plaintiff to file an amended complaint by October 15, 2018, including service copies; directing the Clerk to send Plaintiff a civil rights complaint form. Signed by Magistrate Judge Monte C. Richardson on 9/14/2018. (KLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
ARTHUR DEWAYNE BOATRIGHT,
Plaintiff,
v.

Case No. 3:18-cv-544-J-34MCR

SHERIFF BILL LEEPER, et al.,
Defendants.
______________________________
ORDER
Plaintiff, a pretrial detainee of the Nassau County Detention
Center (Detention Center), initiated this action by filing a pro
se Civil Rights Complaint (Doc. 1) pursuant to 42 U.S.C. § l983.
He

names

as

Defendants

Sheriff

Bill

Leeper,

Director

Connie

Johnson, and Captain Deluca for an alleged violation of the
Religious Land Use and Institutionalized Persons Act (RLUIPA).
Plaintiff claims he was suspended from the Religious Diet Program
(RDP) without a hearing or opportunity to be heard, and he has
been denied reinstatement of his religious kosher meals. Upon
review of the Complaint, the Court opines that Plaintiff has failed
to set forth his claims adequately. Thus, if Plaintiff desires to
proceed with his claims, he must file an amended complaint.
First, while Plaintiff specifically identifies RLUIPA as the
source of the alleged constitutional violation, he also appears to
assert

a

due

process

claim

under

the

Fourteenth

Amendment.

Plaintiff is advised that the denial of, or suspension from, a
religious

diet

does

not

impose

an

“atypical

or

significant

hardship” that would give rise to a due process claim. See Sandin
v. Conner, 515 U.S. 472, 484 (1995); see also Russell v. Wilkinson,
79 F. App’x 175, 178 (6th Cir. 2003) (holding the discontinuation
of an inmate’s kosher meals did not establish a procedural due
process

violation

because

the

inmate

did

not

“possess

a

constitutionally protected property interest in receiving kosher
meals”). With respect to the RLUIPA claim, Plaintiff simply asserts
that he was suspended from the RDP, but he fails to identify the
Detention Center policy or regulation that imposes a substantial
burden on his religious exercise. Plaintiff makes a vague reference
to a “zero tolerance rule,” but he fails to assert that the
Detention Center has such a rule, and he also fails to identify
the source of the rule, if any.
Second, Plaintiff must clarify and elaborate on his responses
in section VII, “Exhaustion of Administrative Remedies.” Plaintiff
states that he filed a grievance, though he simply references and
attaches a letter he sent to Defendant Deluca. In response to the
inquiry asking about the response he received to his grievance,
Plaintiff

again

references

the

letter.

However,

the

attached

letter does not include a response. Finally, Plaintiff fails to
explain “what steps, if any, [he took] to appeal [the] decision.”
Rather, Plaintiff simply states, in a conclusory manner, “At this
2

time all grievance process’ss [sic] have been completed,” ignoring
the instructions on the complaint form to “[d]escribe all efforts
to appeal to the highest level of the grievance process.”
To proceed, Plaintiff must file an amended complaint on the
enclosed civil rights complaint form and in compliance with federal
pleading standards. Federal Rule of Civil Procedure 8(a) requires
a pleading to include a short and plain statement of the claim
showing that the pleader is entitled to relief. Rule 10(b) requires
all averments of the claim be made “in numbered paragraphs, each
limited as far as practicable to a single set of circumstances.”
To survive dismissal, a complaint must allege facts, accepted as
true, that state a claim “that is plausible on its face.” Ashcroft
v. Iqbal, 556 U.S. 662, 678 (2009). The standard asks for less
than a probability but “more than a sheer possibility that a
defendant has acted unlawfully.” Id. That a court must accept
factual allegations as true does not apply to legal conclusions.
Id. “Threadbare recitals of the elements of a cause of action,
supported by mere conclusory statements, do not suffice.” Id.
In addition, the amended complaint must also comply with the
instructions below and those on the civil rights complaint form.
1.

The amended
Complaint.”

complaint

2.

The amended complaint must name as defendants only those
who had been acting under color of state law and are
responsible for the alleged constitutional violation.
Plaintiff must name as defendants those individuals
3

must

be

marked,

“Amended

responsible for the alleged violation(s), and he must
describe the action(s) or inaction(s) of each defendant
who violated his federally-protected rights under §
1983.
3.

The amended complaint must state the full names of each
defendant (to the extent Plaintiff knows them) in the
style of the case on the first page and in section I.B.

4.

The list of defendants named on the first page must match
the list of named defendants in section I.B.

5.

The amended complaint (or a separate filing) must
include current addresses for each defendant so the
Court can direct service of process.

6.

In section IV, “Statement of Claim,” there must be a
clear description of how each defendant was involved in
the alleged violation(s). The allegations should be
stated in numbered paragraphs, each limited to a single
set of circumstances. Plaintiff should explain the facts
giving
rise
to
his
RLUIPA
claim,
including
identification of the rule or regulation he alleges
substantially burdens his religious exercise.

7.

In section VII, “Exhaustion of Administrative Remedies,”
Plaintiff must explain the steps he took complete the
grievance process. Plaintiff may attach grievance
documents, including responses, if he has them.

Plaintiff must sign and date the amended complaint after the
following statement on the form:
Under Federal Rule of Civil Procedure 11, by
signing below, I certify to the best of my
knowledge, information, and belief that this
complaint: (1) is not being presented for an
improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the
cost of litigation; (2) is supported by
existing law or by a nonfrivolous argument for
extending, modifying, or reversing existing
law;
(3)
the
factual
contentions
have
evidentiary support or, if specifically so
identified, will likely have evidentiary
support after a reasonable opportunity for
4

further investigation or discovery; and (4)
the complaint otherwise complies with the
requirements of Rule 11.
Before signing the amended complaint, Plaintiff must ensure
his assertions are truthful and he has not knowingly made false
material declarations. He must neither exaggerate nor distort the
facts but instead must truthfully state the facts underlying his
claims. Knowingly making a false material declaration in violation
of 18 U.S.C. § 1623 is punishable by a fine, imprisonment, or both.
The Clerk shall send Plaintiff a civil rights complaint form.
By October 15, 2018, Plaintiff must complete the form, following
the instructions provided in this Order, and mail the amended
complaint to the Court for filing. Also by October 15, 2018,
Plaintiff must mail to the Court one copy of the amended complaint
for each named defendant. Failure to comply may result in the
dismissal of this case.
DONE AND ORDERED at Jacksonville, Florida, this 14th day of
September, 2018.

Jax-6
c:
Arthur Dewayne Boatright

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