BENFORD v. FENWICK et al

Filing 6

ENTRY Dismissing Complaint and Directing Further Proceedings; Complaint is not properly before the court. Benford's complaint is rejected. Benford shall have through July 7, 2011, in which to file an amended complaint inco rporating only properly related claims. Proceedings other than as specified are stayed until further order. If an amended complaint is filed as directed in Part II of this Entry, the court will screen it as required by 28 U.S.C. § 1915A. If no amended complaint is filed as directed in Part II of this Entry, the action will be dismissed without further notice to the plaintiff. Signed by Judge Jane Magnus-Stinson on 6/23/2011.(Copy to Plaintiff via U.S. mail)(NKD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

LARRY BENFORD,

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Plaintiff,
v.
STEVE FENWICK, et al.,
Defendants.

2:11-cv-114-JMS-WGH

Entry Dismissing Complaint and Directing Further Proceedings
Plaintiff Larry Benford, an inmate at the Wabash Valley Correctional Facility, has
filed this civil action against ten defendants associated with Putnam County and the
Putnam County Jail. The complaint asserts a variety of claims pursuant to 42 U.S.C. §
1983. As presented, however, his complaint is not properly before the court.
I.
Rule 18(a) of the Federal Rules of Civil Procedure provides that A[a] party
asserting a claim to relief as an original claim, counterclaim, cross-claim, or third-party
claim, may join, either as independent or as alternate claims, as many claims, legal,
equitable, or maritime, as the party has against an opposing party.@ AThus multiple
claims against a single party are fine, but Claim A against Defendant 1 should not be
joined with unrelated Claim B against Defendant 2. Unrelated claims against different
defendants belong in different suits. . . .@ George v. Smith, 507 F.3d 605, 607 (7th Cir.
2007). Joinder of the defendants into one action is proper only Aif there is asserted
against them jointly, severally, or in the alternative, any right to relief in respect of or
arising out of the same transaction, occurrence, or series of transactions or occurrences
and if any question of law or fact common to all defendants will arise in the action.@
Fed. R. Civ. P. 20(a). In short, the courts do not allow an inmate to treat a single federal
complaint as a sort of general list of grievances.

Benford’s complaint does not set forth any claim or claims that properly join all
defendants. In George, the Seventh Circuit instructed that such Abuckshot complaints@
be Arejected.@ 507 F.3d at 607. Therefore, Benford’s complaint is rejected.
II.
Benford shall have through July 7, 2011, in which to file an amended
complaint incorporating only properly related claims. In submitting an amended
complaint, he shall conform to the following guidelines: (a) The amended complaint
shall comply with the requirement of Rule 8(a)(2) of the Federal Rules of Civil
Procedure that pleadings contain "a short and plain statement of the claim showing that
the pleader is entitled to relief . . ."; (b) the amended complaint shall comply with the
requirement of Rule 10 that the allegations in a complaint be made in numbered
paragraphs, each of which should recite, as far as practicable, only a single set of
circumstances; and (c) the amended complaint must identify what legal injury he claims
to have suffered and what persons are responsible for each such legal injury.
III.
Proceedings other than as specified above are stayed until further order.
If an amended complaint is filed as directed in Part II of this Entry, the court will
screen it as required by 28 U.S.C. ' 1915A. If no amended complaint is filed as directed
in Part II of this Entry, the action will be dismissed without further notice to the plaintiff.
IT IS SO ORDERED.

06/23/2011
Date: ___________________

_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

Distribution:
Larry Benford
892701
Wabash Valley Correctional Facility - Inmate Mail/Parcels
6908 S. Old U.S. Highway 41
P.O. Box 500
Carlisle, IN 47838-1111