SYKES v. ELLIOT et al

Filing 9

ENTRY Dismissing Complaint and Directing Further Proceedings - The complaint is dismissed based on the violation of Rule 8. The dismissal of the complaint will not in this instance result in the dismissal of the action.The plaintiff shall have throu gh November 8, 2011, in which to file an amended complaint. Proceedings other than as specified above are stayed until the amended complaint is filed. Motion to amend brief, motion for injunction, motion requesting subpoena 5 . Motion to accept de claratory statement 6 . Motion for examination, motion for injunction and motion for appointment of counsel 7 Motion for inspection, motion requesting court to relate inspected documents, motion requesting court for summons and motion for Entry [ 8]. Each of these motions [5-8] is denied as premature. As discussed above, the complaint in this action has been dismissed and the court is awaiting the plaintiff's filing of an amended complaint which complies with the Federal Rules of Civil Procedure. Signed by Judge Jane Magnus-Stinson on 10/11/2011. (copy to plaintiff via us mail)(VS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

MARRICCO A. SYKES,
Plaintiff,
v.

MR. ELLIOT, et al.,
Defendants.

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No. 2:11-cv-185-JMS-MJD

Entry Dismissing Complaint and Directing Further Proceedings
Plaintiff Marricco A. Sykes, an inmate at the United States Penitentiary in
Lewisburg, Pennsylvania, filed this civil action, apparently based on events which
occurred while Sykes was an inmate at the United States Penitentiary in Terre Haute,
Indiana.
I. The Complaint is Dismissed
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). That, however, is
precisely what Sykes has presented. His handwritten complaint defies understanding,
rendering it 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 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)).
The complaint is dismissed based on the violation of Rule 8.

II. An Amended Complaint May Be Filed
The dismissal of the 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 November 8, 2011, in which to file an amended
complaint.
If an amended complaint is filed, it shall conform to the following guidelines:
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The amended complaint shall comply with the requirement of Rule 8(a)(2)
that pleadings contain "a short and plain statement of the claim showing
that the pleader is entitled to relief. . .";

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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

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

If no amended complaint is filed as permitted in Part II of this Entry, the action will
be dismissed consistent with the dismissal of the complaint in Part I.
If an amended complaint is filed as permitted in Part II of this Entry, that pleading
will be Ascreened@ as required by 28 U.S.C. ' 1915A(b) and an appropriate order will
issue following the completion of that step.
Proceedings other than as specified above are stayed until the amended
complaint is filed.
IV. Pending Motions
Sykes has filed four motions:
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Motion to amend brief, motion for injunction, motion requesting subpoena [5].
Motion to accept declaratory statement [6].
Motion for examination, motion for injunction and motion for appointment of
counsel [7]
Motion for inspection, motion requesting court to relate inspected documents,
motion requesting court for summons and motion for Entry [8].

Each of these motions [5-8] is denied as premature. As discussed above, the
complaint in this action has been dismissed and the court is awaiting the plaintiff’s filing
of an amended complaint which complies with the Federal Rules of Civil Procedure.
IT IS SO ORDERED.

10/11/2011
Date: __________________

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

Distribution:
Marricco A. Sykes
#08155-062
Lewisburg – USP
P.O. Box 1000
Lewisburg, PA 17837