Edwards v. Hynes et al

Filing 14

ORDER denying 13 Motion for Reconsideration. The Plaintiff is ordered to amend his complaint within 14 days of this Order. Signed by Magistrate Judge Brian K. Epps on 8/29/16. (cmr)

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

)
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Plaintiff,
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v.
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DR. ANDREW HYNES, Wheeler
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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,
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Defendants.
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_________

CV 316-019

ORDER
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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 filed a motion for reconsideration of
the Court’s August 11 Order denying leave to file his “supplemental” complaint. (Doc. no.
13.)

Plaintiff asks the Court for leave to file his supplemental complaint or, in the

alternative, twenty days to file another amended complaint that is shorter in length. (See id.)
This Court gave Plaintiff clear instructions in its August 11 Order 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.” (Doc. no. 12, p. 3.) Plaintiff was further instructed he

“must use the standard form provided along with this Order, with no more than six
handwritten pages attached.” (Id. at 3-4.) Plaintiff was warned his case could be dismissed
if he failed to heed these instructions. (See id. at 4.); see also 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).
Plaintiff persists in his claim that the Court should allow him to file a supplemental
complaint. There is nothing in Plaintiff’s present motion to warrant reconsideration of its
instructions to Plaintiff to file a new amended complaint in compliance with the terms set out
in the Court’s August 11 Order. Accordingly, Plaintiff’s motion for reconsideration (doc. no.
13) is DENIED.
Plaintiff in the alternative asks for an extension to file his amended complaint and
permission to be limited to ten instead of six handwritten pages. The Court extends the
deadline for Plaintiff to file his amended complaint to fourteen days from the date of this
Order. However, the Court does not permit Plaintiff to file more than six handwritten pages
along with the standard form. Plaintiff must submit only six handwritten pages along with
the form; if more pages are submitted, the Court will recommend dismissal of this action.

2

For the reasons set forth above, the Court DENIES Plaintiff’s Motion for
Reconsideration.

(Doc. no. 13.)

The Court ORDERS Plaintiff to file his amended

complaint within fourteen days from the date of this Order.
SO ORDERED this 29th day of August, 2016, at Augusta, Georgia.

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