Miller v. Owen et al

Filing 11

ORDER directing Plaintiff to recast his 1 Complaint within thirty days of this Order, so that the Court can conduct the requisite frivolity review. The Clerk is directed to add Sharon Lewis as a named Defendant. Signed by Magistrate Judge James E. Graham on 5/20/2013. (csr)

IN THE UNITED STATES DISTRICT COURT ILED
FOR THE SOUTHERN DISTRICT OF GEjf
COURT
STATESBORO DIVISION
I r, ow

ZOD hAY 20 A ICi r.
TRACY ANTHONY MILLER,
Plaintiff,

CLER

SO. D!ST. OF GA.

CIVIL ACTION NO.:

V.

CV613-025

BRIAN OWENS; CINTHIA NELSON;
BILLY NICHOLS; BRUCE CHAPMAN;
Dr. BROOM; CALVIN BROWN;
ATTORNEY GENERAL OFFICE
DEPARTMENT OF LAW; GEORGIA
DEPARTMENT OF CORRECTIONS;
RICKY MYRICK; and SHARON LEWIS,
Defendants

Plaintiff, who is currently incarcerated at Augusta State Medical Prison in
Grovetown, Georgia, filed a cause of action contesting the conditions of his confinement
while he was housed at Georgia State Prison in Reidsville, Georgia. Plaintiff states that
"Defendants" have violated his First, Fourth, Eighth, and Fourteenth Amendment rights
on an ongoing basis. Plaintiff also states that he alleges ongoing violations of Title II of
the Americans with Disabilities Act of 1990 and the Religious Land Use and
Institutionalized Persons Act of 2000. Plaintiff names ten (10) entities as Defendants.'
Plaintiff makes several allegations, including: "Defendants" are liable because Georgia
State Prison is not equipped to house disabled inmates; he has been denied prescribed
treatments and surgeries; wheelchair-bound inmates cannot attend church services; he
1

AO 72A
(Rev. 8/82)

The Clerk of Court is directed to add "Sharon Lewis" as a named Defendant. (Doc. Nos. 1, 10).

has not been provided with a proper toilet or catheters; he is not afforded privileges
such as newspapers and television; he was transferred to Georgia State Prison
improperly; "prison staff' have retaliated against him because he has filed grievances;
the prison does not have batteries or repairs for wheelchairs and braces; he was denied
the majority of his meals in an almost three-week period; and he cannot obtain care for
infected teeth.
A plaintiff must set forth "a short and plain statement of the claim showing that
[he] is entitled to relief." FED. R. Civ. P. 8(a)(2). Plaintiff has failed to do so. Instead,
Plaintiffs Complaint is an example of a "shotgun pleading", i.e., a pleading that does not
comply with Rule 8 and "make[s] it unreasonably difficult to evaluate or respond to the
pleader's claims." Jones Creek Investors, LLC v. Columbia Cnty., Ga., No. CVIII-174,
2011 WL 7446789, at *2 (S.D. Ga. Dec. 9, 2011) (citing Ledford v. Peeples, 657 F.3d
1222, 1239 (11th Cir. 2011)). Accordingly, Plaintiff is directed to recast his Complaint
within thirty (30) days of this Order so that the Court can conduct the requisite frivolity
review. See FED. R. Civ. P. 8 &10. Plaintiff shall make specific factual allegations
against each Defendant or Defendants he contends violated his rights and under what
theory of liability against each Defendant or Defendants he wishes to pursue. Plaintiffs
failure to respond to this Court's directive in an appropriate manner may result in the
dismissal of his Complaint.
SO ORDERED, this

2.-o

day of May, 2013.

'1ES E. GRAHAM
ITED STATES MAGISTRATE JUDGE

AO 72A
(Rev. 8/82)

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