MOON et al v. FEDERAL BUREAU OF PRISONS et al

Filing 39

ENTRY Dismissing Amended Complaint and Directing Further Proceedings - The amended complaint 32 is dismissed based on the violation of Rule 8. The dismissal of the amended complaint will not in this instance result in the dismissal of the action. Benjamin v. United States, 833 F.2d 669, 671 (7th Cir. 1987). Instead, the plaintiff shall have through December 22, 2011, in which to file a second amended complaint. If a second amended complaint is filed, it shall conform to the following guidelin es (SEE ENTRY). If no second amended complaint is filed as permitted in Part II of this Entry, the action will be dismissed consistent with the dismissal of the amended complaint in Part I. If a second amended complaint is filed as permitted in Part II of this Entry, that pleading will be screened as required by 28 U.S.C. § 1915A(b) and an appropriate order will issue following the completion of that step. (copy to Plaintiff via US Mail). Signed by Judge Jane Magnus-Stinson on 12/1/2011.(JKS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

DARNELL WESLEY MOON,
Plaintiff,
vs.
FEDERAL BUREAU OF PRISONS,
et al.,
Defendants.

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2:11-cv-178-JMS-WGH

Entry Dismissing Amended Complaint
and Directing Further Proceedings

I. The Amended Complaint is Dismissed
The Federal Rules of Civil ProcedureBand Rule 8(a)(2) in particularBrequire that
pleadings contain "a short and plain statement of the claim showing that the pleader is
entitled to relief . . . .@ The purpose of this requirement is Ato give the defendant fair
notice of what the claim is and the grounds upon which it rests.@ Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 555 (2007)(citing Conley v. Gibson, 355 U.S. 41, 47 (1957));
see also Wade v. Hopper, 993 F.2d 1246, 1249 (7th Cir. 1993)(noting that the main
purpose of Rule 8 is rooted in fair notice: a complaint Amust be presented with
intelligibility sufficient for a court or opposing party to understand whether a valid claim
is alleged and if so what it is.@) (quotation omitted)).
ADistrict courts should not have to read and decipher tomes disguised as
pleadings.@ Lindell v. Houser, 442 F.3d 1033, 1035 n.1 (7th Cir. 2006). Even with the
recent dismissals of claims 4 and 5, however, that is precisely what Darnell Wesley
Moon has presented. His 61-page handwritten amended complaint and 73 pages of
attached exhibits presenting claims against 42 defendants defy understanding,
rendering the amended complaint unintelligible and subject to dismissal on that basis.
Davis v. Ruby Foods, Inc., 269 F.3d 818, 820 (7th Cir. 2001)("dismissal of a complaint
on the ground that it is unintelligible is unexceptionable").
The amended complaint [32] is dismissed based on the violation of Rule 8.

II. A Second Amended Complaint May Be Filed
The dismissal of the amended complaint will not in this instance result in the
dismissal of the action. Benjamin v. United States, 833 F.2d 669, 671 (7th Cir. 1987).
Instead, the plaintiff shall have through December 22, 2011, in which to file a second
amended complaint. If a second amended complaint is filed, it shall conform to the
following guidelines:
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The second 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. . .";

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The second 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

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The second amended complaint must identify what legal injury he claims
to have suffered and what persons are responsible for each such legal
injury.

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The second amended complaint should not include case law or legal
arguments.
III. Further Proceedings

If no second amended complaint is filed as permitted in Part II of this Entry, the
action will be dismissed consistent with the dismissal of the amended complaint in Part
I.
If a second amended complaint is filed as permitted in Part II of this Entry, that
pleading will be screened as required by 28 U.S.C. ' 1915A(b) and an appropriate order
will issue following the completion of that step.
IT IS SO ORDERED.

12/01/2011
Date: __________________

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

Distribution:
DARNELL WESLEY MOON
34077-044
TERRE HAUTE U.S. PENITENTIARY
Inmate Mail/Parcels
P.O. BOX 33
TERRE HAUTE, IN 47808