BUTLER v. JOHNSON et al

Filing 59

ENTRY - Plaintiff's 34 MOTION for Court Order to Official for a Release of Property is DENIED. Defendant's 52 MOTION to Strike 45 Amended Complaint is GRANTED. Signed by Judge Tanya Walton Pratt on 9/19/2012. Copy Mailed. (JD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
STACY L. BUTLER,
Plaintiff,
vs.
LT. B. JOHNSON, C.O. B. MOSS,
C.O. PRITTCARD, L.T. HOWARD,
and C.O. M. DIEODORFF,
Defendants.

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No. 1:10-cv-1127-TWP-DML

Entry Concerning Selected Matters
The court, having considered the above action and the matters which are
pending, makes the following rulings:
1.
The plaintiff’s “motion for court order to official for a release of property”
has been considered. The plaintiff reports a delay in obtaining his property after
being transferred to the United States Penitentiary in Lewisburg, Pennsylvania. He
states he needs his documents related to this case in order to “respond to any of the
defendants defense.” The plaintiff’s motion [Dkt. 34] is denied without prejudice
because the plaintiff’s request would require this court to unnecessarily interfere
with day-to-day prison operations. Beard v. Banks, 548 U.S. 521, 528 (2006) (“courts
owe substantial deference to the professional judgment of prison administrators”). If
the plaintiff needs additional time to file a response to any particular motion he
should request an extension of time. If he is unable to obtain a particular document
necessary to any response he should so notify the court.
2.
The motion to strike amended complaint [Dkt. 52] is granted. The
amended complaint filed by Stacy Butler is rejected for failure to comply with
Federal Rules of Civil Procedure 15 and Local Rule 15-1. In addition, it appears that
the proposed amendments which would simply provide more detail to the facts
alleged are unnecessary to the prosecution of this action and are inconsistent with
Rule 8 of the Federal Rules of Civil Procedure which requires a complaint to include
“a short and plain statement of the claim showing that the pleader is entitled to
relief.”
IT IS SO ORDERED.

09/19/2012
Date: __________________

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana

Distribution:
Stacy L. Butler
05373-017
Lewisburg - USP
P.O. Box 1000
Lewisburg, PA 17837
All Electronically Registered Counsel