Davis v. Ouachita Parish Correctional Center et al
Filing
11
MEMORANDUM ORDER: Directing plaintiff to amend complaint/petition. Pro Se Response due by 10/14/2016. Signed by Magistrate Judge Karen L Hayes on 9/14/16. (crt,Crawford, A)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
ROBERT DAVID DAVIS
LA. DOC #1596062
VS.
CIVIL ACTION NO. 3:16-CV-0740
SECTION P
JUDGE ROBERT G. JAMES
OUACHITA PARISH
CORRECTIONAL CENTER, ET AL
MAGISTRATE JUDGE KAREN L. HAYES
MEMORANDUM ORDER
Pro se plaintiff Robert David Davis, proceeding in forma pauperis, filed the instant civil
rights complaint pursuant to 42 U.S.C. §1983 on May 26, 2016. Plaintiff complains that as a pretrial detainee at Ouachita Correctional Center (“OCC”), he is being denied his full share of food.
This matter has been referred to the undersigned for review, report, and recommendation in
accordance with the provisions of 28 U.S.C. §636 and the standing orders of the Court.
Statement of the Case
Plaintiff asserts that from the time of his arrest on April 21, 2006, through the present, several
deputies, named in his Amended Complaint [Rec. Doc. 10] , give “2-10 extra trays” of food to
certain inmates while others, including himself, have “barely food” on their trays. [Rec. Doc. 5, p.3]
He asserts that he has lost 10-20 pounds and showing “signs of malnutrition, starting with tooth
infections, extreme bowel problems, sores in mouth.” [Rec. Doc. 10, p.1]
On July 7, 2016, petitioner was ordered to amend his complaint to provide more detailed
information about his claim. [Rec. Doc. 9] He did so, on July 26, 2016. [Rec. Doc. 10] After
reviewing plaintiff’s Amended Complaint, the Court has determined that the following additional
information is needed from plaintiff:
1.
Any and all medical records establishing the medical conditions of which he
complains;
2.
Dated copies of any sick call requests (if unable to provide copies, please provide
approximate date and result of request); and
3.
Plaintiff’s approximate weight in April 2016 and his approximate weight today.
Before this court determines the proper disposition of plaintiff’s complaint, plaintiff should
be given the opportunity to remedy the deficiencies identified above. Spears v. McCotter, 766 F.2d
179 (5th Cir. 1985). Therefore,
IT IS ORDERED that plaintiff amend his complaint within thirty (30) days of the filing of
this order to cure the deficiencies as outlined above.
Failure to comply with this order may result in dismissal of this action as frivolous
under 28 U.S.C. § 1915(e)(2)(B)(i) or under Rule 41(b) or 16(f) of the Federal Rules of Civil
Procedure. Plaintiff is further required to notify the Court of any change in his address under
U.L.R. 41.3.
In Chambers, Monroe , Louisiana, September 14, 2016.
__________________________________
KAREN L. HAYES
UNITED STATES MAGISTRATE JUDGE
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