FERRELL v. CORIZON: RMD

Filing 4

Entry Granting Motion to Proceed In forma pauperis, Discussing Complaint, and Directing Further Proceedings - The plaintiff's motion to proceed in forma pauperis [dkt 2 ] is granted. He shall have through October 28, 2016, to pay an initial pa rtial filing fee of $2.60. Failure to pay the initial partial filing fee may result in the dismissal of this action. The complaint is now subject to the screening requirement of 28 U.S.C. § 1915A (b). Based on this screening, the complain t must be dismissed. Ferrell brings his claims pursuant to 42 U.S.C. § 1983, and alleges that he has not received appropriate treatment for his serious medical needs in violation of the Eighth Amendment. But he does not allege who is directly responsible for the alleged denials of care. Without an allegation of the person or persons directly responsible for the denials, the complaint fails to state a claim upon which relief can be granted. The dismissal of the complaint will not in y et lead to the dismissal of the action. Instead, Ferrell shall have through October 28, 2016, in which to file an amended complaint. In organizing his complaint, Ferrell may benefit from utilizing the Court's complaint form. The clerk is di rected to include a copy of the prisoner civil rights complaint form along with the plaintiff's copy of this Entry. If an amended complaint is filed as directed above, it will be screened. If no amended complaint is filed, this action will be dismissed for the reasons set forth above. (See Entry.) Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 9/23/2016. (Attachments: # 1 Complaint Form) (BRR)

COMPLAINT FORM

(for filers who are prisoners without lawyers)
IN THE UNITED STATES DISTRICT COURT
FOR THE _________________ DISTRICT OF ______________________

(Full name of plaintiff(s))

vs

Case Number:

(Full name of defendant(s))

A.

(to be supplied by clerk of court)

PARTIES
1.

Plaintiff is a citizen of

, and is located at
(State)

____________________________________________________________________
(Address of prison or jail)
(If more than one plaintiff is filing, use another piece of paper).
2.

Defendant

__________________________________
(Name)

Complaint - 1

is (if a person or private corporation) a citizen of __________________________________
(State, if known)
and (if a person) resides at
__________
(Address, if known)
and (if the defendant harmed you while doing the defendant’s job)
worked for ___________________________________________________________________
(Employer’s name and address, if known)
(If you need to list more defendants, use another piece of paper.)
B.

STATEMENT OF CLAIM
On the space provided on the following pages, tell:
1.
Who violated your rights;
2.
What each defendant did;
3.
When they did it;
4.
Where it happened; and
5.
Why they did it, if you know.

Complaint - 2

Complaint - 3

C.

JURISDICTION

I am suing for a violation of federal law under 28 U.S.C. § 1331.
OR
I am suing under state law. The state citizenship of the plaintiff(s) is (are)
different from the state citizenship of every defendant, and the amount of
money at stake in this case (not counting interest and costs) is
$
_________.
D.

RELIEF WANTED
Describe what you want the court to do if you win your lawsuit. Examples may
include an award of money or an order telling defendants to do something or
stop doing something.

Complaint - 4

E.

JURY DEMAND

Jury Demand - I want a jury to hear my case
OR
Court Trial – I want a judge to hear my case

Dated this

day of

20_____.

Respectfully Submitted,

Signature of Plaintiff

Plaintiff’s Prisoner ID Number

(Mailing Address of Plaintiff)
(If more than one plaintiff, use another piece of paper).
REQUEST TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING THE
FILING FEE
I DO request that I be allowed to file this complaint without paying the filing
fee. I have completed a request to proceed in the district court without
prepaying the fee and attached it to the complaint.
I DO NOT request that I be allowed to file this complaint without prepaying the
filing fee under 28 U.S.C. § 1915, and I have included the full filing fee with this
complaint.

Complaint - 5