Harmon v. Louisiana State et al

Filing 26

ORDER AND REASONS - IT IS ORDERED that Plaintiff's claims are DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief can be granted. Signed by Judge Susie Morgan on 3/4/2015.(bwn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ELDRIDGE HARMON,
Plaintiffs

CIVIL ACTION

VERSUS

NO. 15-151

LOUISIANA STATE, ET AL.,
Defendants

SECTION: “E” (1)
ORDER

Plaintiff Eldrige Harmon is proceeding pro se. Plaintiff filed his initial complaint
on January 22, 2015.1

He amended the complaint eight days later.2

Finding the

amended complaint unintelligible, the Court ordered Plaintiff to file another complaint
clearly setting forth "(1) the relief sought, (2) the defendants against whom that relief is
sought, and (3) the facts that support relief."3

Plaintiff filed his second amended

complaint on February 13, 2015.4 Without leave of court, Plaintiff filed a third amended
complaint on February 18, 2015,5 and a fourth amended complaint on February 27,
2015.6
Whether viewed in isolation or in the context of the prior complaints, the fourth
amended complaint fails to state a claim upon which relief can be granted. The Court
may dismiss a pro se complaint sua sponte under Rule 12(b)(6) "as long as the
procedure employed is fair."7 Plaintiff has now had five bites at the apple. After the
second, the Court specifically instructed Plaintiff what to include in his second amended
complaint. Plaintiff's next three complaints utterly failed to comply with this directive.
R. Doc. 1.
R. Doc. 12.
3 R. Doc. 13.
4 R. Doc. 15.
5 R. Doc. 19.
6 R. Doc. 22.
7 Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998).
1

2

Unable to ascertain the relief sought or the basis for that relief, the Court has no choice
but to dismiss this action sua sponte.
Accordingly;
IT IS ORDERED that Plaintiff's claims are DISMISSED WITHOUT
PREJUDICE for failure to state a claim upon which relief can be granted.
New Orleans, Louisiana, this 4th day of March, 2015.
____________ ________ __________
SUSIE MORGAN
UNITED STATES DISTRICT JUDGE