Edwards v. Hynes et al

Filing 12

ORDER denying as moot 11 Motion to correct. The plaintiff shall have 14 days from this order to file his amended complaint to include all allegations and defendants. Signed by Magistrate Judge Brian K. Epps on 8/11/16. (cmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
CHARLES EDWARDS,

)
)
Plaintiff,
)
)
v.
)
)
DR. ANDREW HYNES, Wheeler
)
Correctional Facility; PAT CLARK,
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Medical Director, Wheeler Correctional
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Facility; MS. COTTLE, Dental Assistant,
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Wheeler Correctional Facility; and
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DR. HUN, Dentist,
)
)
Defendants.
)
_________

CV 316-019

ORDER
_________
Plaintiff, an inmate incarcerated at Washington State Prison in Davisboro, Georgia,
commenced the above-captioned case pursuant to 42 U.S.C. § 1983 and is proceeding pro se
and in forma pauperis (“IFP”). (Doc. no. 2.) Plaintiff has filed a motion for leave to file a
supplemental complaint that contains new claims, based on later events not contained in his
original complaint.

(Doc. nos. 9, 10.)

Plaintiff has also filed a motion to correct

typographical errors in his supplemental complaint. (Doc. no. 11.) Plaintiff’s new claims are
almost entirely based on events that occurred at Washington State Prison.
It is well settled that a plaintiff may not join unrelated claims and various defendants
unless the claims arise “out of the same transaction, occurrence, or series of transactions or
occurrences and any question of law or fact common to all defendants will arise in the

action.”

Fed. R. Civ. P. 20(a)(2).

“In determining what constitutes a transaction or

occurrence for the purposes of Rule 20(a), courts have looked for meaning to Fed. R. Civ. P.
13(a) governing compulsory counterclaims.” Alexander v. Fulton County, Ga., 207 F.3d
1303, 1323 (11th Cir. 2000), overruled on other grounds by Manders v. Lee, 338 F.3d 1304,
1328 n.52 (11th Cir. 2003) (en banc). As recognized by the Eleventh Circuit Court of
Appeals in analyzing the requirements of Rule 13(a), “a claim arises out of the same
transaction or occurrence if there is a logical relationship between the claims.” Construction
Aggregates, Ltd. v. Forest Commodities Corp., 147 F.3d 1334, 1337 n.6 (11th Cir. 1998);
Tarver v. Owens, 5:14-CV-214, 2014 WL 3810594, at *4 (M.D. Ga. Aug. 1, 2014) (same).
Here, Plaintiff raises claims concerning events that occurred in both Washington and
Wheeler Counties, but the connection between Plaintiff’s descriptions of alleged
mistreatment in separate counties, at separate times, and in differing ways is not readily
apparent because of the manner in which he has submitted claims. If Plaintiff has unrelated
claims against individuals located in both counties, he must bring his claims in two separate
lawsuits. Claims against persons in Washington County should be filed in the Macon
Division of the Middle District of Georgia, while claims against individuals in Wheeler
County would remain in this case in the Dublin Division.

2

Because no responsive pleading has been served, Plaintiff may amend his complaint
once as a matter of course, Fed. R. Civ. P. 15(a).1 Although Plaintiff apparently intends for
the Court to read these allegations in conjunction with his original complaint, a plaintiff may
not amend his complaint in a piecemeal manner by simply amending sections of his
complaint or submitting separate filings. See Holland v. Burnette, CV 308-090, 2009 WL
1579507, at *1 (S.D. Ga. June 3, 2009). Accordingly, the Court hereby ORDERS Plaintiff
to amend his complaint to include all of the allegations and defendants in one document,
within fourteen days of the date of this Order on the standard complaint form used by
incarcerated litigants in the Southern District of Georgia. The Court DIRECTS the CLERK
to attach a standard form complaint used by incarcerated litigants in the Southern District of
Georgia, stamped with this case number, to Plaintiff’s service copy of this Order. If Plaintiff
wishes to pursue this case, he MUST file an amended complaint in accordance with the
following instructions within fourteen days. Because the Court is ordering Plaintiff to file a
new complaint, the Court DENIES AS MOOT Plaintiff’s motion to correct clerical errors.
(Doc. no. 11.)
The amended complaint shall supersede and replace in its entirety the previous
complaint. Krinsk v. SunTrust Banks, Inc., 654 F.3d 1194, 1202 (11th Cir. 2011); Lowery v.
Ala. Power Co., 483 F.3d 1184, 1219 (11th Cir. 2007) (“an amended complaint supersedes
the initial complaint and becomes the operative pleading in the case”). Plaintiff must use the

1

Plaintiff filed a previous motion to amend, but the Court construed it as a motion to
amend the caption on the docket. (See doc. nos. 7, 8.) Plaintiff did not file a new amended
complaint.

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standard form provided along with this Order, with no more than six handwritten pages
attached. See Goodison v. Washington Mut. Bank, 232 F. App’x 922, 923 (11th Cir. 2007)
(affirming the dismissal of a case where the plaintiff failed to heed the pleading instructions
from the court regarding re-drafting the complaint); see also London v. Georgia Dep’t of
Corr., CV 502-107, doc. no. 10 (M.D. Ga. May 10, 2002) (directing that amended complaint
shall not exceed six handwritten pages).
It must be printed legibly or typed so that the Court may discern Plaintiff’s claims. It
must contain a caption that clearly identifies, by name, each party that Plaintiff is suing in the
present lawsuit.

Furthermore, the body of Plaintiff’s amended complaint must contain

sequentially numbered paragraphs containing only one act of misconduct per paragraph. The
numbered paragraphs in Plaintiff’s amended complaint should include information such as:
(i) the alleged act of misconduct; (ii) the date on which such misconduct occurred; (iii) the
names of each and every individual who participated in such misconduct; and (iv) where
appropriate, the location where the alleged misconduct occurred. While Plaintiff may attach
exhibits to his amended complaint, he shall not incorporate them by reference as a means of
providing the factual basis for his complaint.2 Thus, Plaintiff must name the parties whom
he seeks to include as Defendants herein in both the caption and the body of his amended
complaint; he may not rely on the fact that the parties are named in the exhibits attached to
her amended complaint as a means of including such persons as defendants to this lawsuit.

2

For example, Plaintiff should not simply state, “See attached documents.”

4

The Court will not independently examine exhibits that Plaintiff does not specifically
reference (by the exhibit’s page number) in his amended complaint.
Plaintiff is further cautioned that no portion of any prior filing shall be incorporated
into his amended complaint by reference.

Moreover, Plaintiff shall submit only one

amended complaint in accordance with the terms of this Order. Therefore, Plaintiff shall
state in the single amended complaint filed in accordance with the terms of this Order all
related claims that he wishes the Court to consider as a basis for awarding the relief sought.
Once Plaintiff has complied with the conditions of this Order, the Court will review
the amended complaint to determine which, if any, claims are viable and which, if any,
Defendants should be served with a copy of the amended complaint. If no timely amended
complaint is received from Plaintiff, the Court will presume that Plaintiff desires to have this
case voluntarily dismissed and will recommend dismissal of this action, without prejudice.
Plaintiff is cautioned that while this action is pending, he shall immediately inform this Court
of any change of address. Failure to do so will result in dismissal of this case.
SO ORDERED this 11th day of August, 2016, at Augusta, Georgia.

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