Futch v. Doctor, Nurses John and Jane Doe et al
OPINION AND ORDER: Kenny L. Futch is GRANTED until 3/1/18 to file an amended complaint on the proper form, is CAUTIONED that if he does not respond by that deadline this case will be dismissed without further notice pursuant to 28 U.S.C. § 1915A because the current complaint does not state a claim and the motion to amend ECF 7 is DENIED as unnecessary. Signed by Judge Philip P Simon on 2/7/18. (Copy mailed to pro se party). (nal)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
KENNY L. FUTCH,
DOCTOR, NURSES JOHN AND JANE DOE,
OFFICER GRAY, and J. SCAIFE,
CAUSE NO. 3:17-CV-753 PPS
OPINION AND ORDER
Kenny L. Futch, a prisoner without a lawyer, filed a vague complaint on an outdated
form. He alleges that he has received inadequate treatment for his medical conditions,
including heart issues, dry skin, sickle cell anemia, mental health issues, high blood
pressure, and diabetes. He also complains about various prison conditions, including the
air conditioning, his clothing, mealtimes, drinking water, recreational options, and
confiscated items. “A document filed pro se is to be liberally construed, and a pro se
complaint, however inartfully pleaded, must be held to less stringent standards than
formal pleadings drafted by lawyers . . . .” Erickson v. Pardus, 551 U.S. 89, 94 (2007).
However, this complaint provides no narrative context for any of these issues and does not
explain how any single defendant was personally involved. Thus it does not include
enough detail to state a claim.
Futch needs to file an amended complaint. See Luevano v. Wal-Mart, 722 F.3d 1014
(7th Cir. 2013). A copy of this court’s approved form – Prisoner Complaint (INND Rev.
8/16) – is available upon request from the prison law library. On the amended complaint,
he must put the cause number of this case which is on the first page of this order. He must
explain how each defendant is responsible for providing inadequate medical treatment or
for subjecting him to other unconstitutional conditions. He must describe his interactions
with each defendant in detail, including names, dates, locations, and how each defendant
harmed him. This narrative should be organized in numbered paragraphs. If he does not
know the name of a particular person, he must nevertheless refer separately to each
unknown defendant. For instance, if he seeks to bring a claim against two doctors and two
nurses, he may refer to them as “Unknown Doctor #1,” “Unknown Doctor #2,” “Unknown
Nurse #1,” and “Unknown Nurse #2.” He must identify each defendant every time he
refers to them.
Additionally, Futch has moved to amend his complaint with the names of doctors
and nurses as they become available. ECF 7. As discussed above, Futch may identify them
in his amended complaint, and this motion is denied as unnecessary. If he needs to amend
his complaint again thereafter, he should file a motion for leave to amend the complaint
with the proposed amended complaint and should explain how the proposed amended
complaint is different from the complaint of record. See N.D. Ind. Local Rule 15-1(a).
(1) Kenny L. Futch is GRANTED until March 1, 2018, to file an amended complaint
on the proper form;
(2) Kenny L. Futch is CAUTIONED that if he does not respond by that deadline, this
case will be dismissed without further notice pursuant to 28 U.S.C. § 1915A because the
current complaint does not state a claim; and
(3) The motion to amend (ECF 7) is DENIED as unnecessary.
ENTERED: February 7, 2018
/s/ Philip P. Simon
UNITED STATES DISTRICT COURT
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