Alammani v. Norfolk County Correctional Facility
Judge William G. Young: ORDER entered. MEMORANDUM AND ORDER. If Alammani wishes to pursue this action, he must file an amended complaint within 42 days of the date of this order. Failure to comply with this action will result in dismissal of this action for failure to state a claim upon which relief may be granted. (PSSA, 3)
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
ZIAD ARAFAT ALAMMANI,
NORFOLK COUNTY CORRECTIONAL
MEMORANDUM AND ORDER
December 22, 2016
For the reasons set forth below, the Court directs the
plaintiff to file an amended complaint.
On November 30, 2016, pro se litigant Ziad Arafat Alammani
(“Alammani”), who claims that his true identity is Iscandar Maax,
filed a complaint under 42 U.S.C. § 1983.
He names the Norfolk
County Correctional Facility, where he is incarcerated, as the
The complaint is sixty-four pages long, most of which
consist only of single-spaced handwritten text.
The pleading is
difficult to understand, but the overall thrust appears to be
that the plaintiff is falsely incarcerated because of mistaken
The plaintiff paid the $400 filing fee.
Uunder 28 U.S.C. § 1915A, prisoner complaints in civil
actions that seek redress from a governmental entity or officers
or employees of a governmental entity are also subject to
This statute authorizes a federal court to dismiss a
complaint sua sponte if the claims therein are frivolous,
malicious, fail to state a claim on which relief may be granted,
or seek monetary relief against a defendant who is immune from
See 28 U.S.C. § 1915(e)(2); 28 U.S.C. § 1915A(b).
In conducting this review, the Court liberally construes the
complaint because the plaintiff is proceeding pro se.
v. Kerner, 404 U.S. 519, 520-21 (1972).
Challenge to the Validity of Confinement
Here, Alammani has failed to state a claim upon which relief
may be granted.
To the extent he challenges the legality of his
conviction and incarceration, he must proceed in habeas corpus.
“Challenges to the validity of any confinement or to particulars
affecting its duration are the province of habeas corpus . . . .”
Muhammad v. Close, 540 U.S. 749, 750 (2004) (per curiam); see
also Wilkinson v. Dotson, 544 U.S. 74, 81 (2005) (in a series of
Supreme Court decisions, “the Court has focused on the need to
ensure that state prisoners use only habeas corpus (or similar
state) remedies when they seek to invalidate the duration of
their confinement–either directly through an injunction
compelling speedier release or indirectly through a judicial
determination that necessarily implies the unlawfulness of the
Under federal statute, a litigant must
exhaust available state court remedies before he may seek habeas
corpus relief in a federal court.
See 28 U.S.C. § 2254(b).
Although Alammani couches his claim as one of mistaken
identity and a request to correct a record to reflect his true
identity, at its heart, the his claim is one challenging the
validity of his confinement.
To the extent that Alammani plaintiff is not challenging the
validity of his confinement, the plaintiff has failed to state a
claim upon which relief may be granted because the complaint does
not meet the requirements of Rule 8(a)(2) of the Federal Rules of
Civil Procedure (“Rule 8(a)(2)”).
Under this rule, a complaint
must include “a short and plain statement of the claim showing
that the pleader is entitled to relief.”
Fed. R. Civ. P.
At a minimum, the complaint must “give the defendant
fair notice of what the plaintiff’s claim is and the grounds upon
which it rests.”
Calvi v. Knox County, 470 F.3d 422, 430 (1st
Cir. 2006) (quoting Educadores Puertorriqueños en Acción v.
Hernández, 367 F.3d 61, 66 (1st Cir.
requirements of Rule 8(a)(2) are minimal, “minimal requirements
are not tantamount to nonexistent requirements.”
Gooley v. Mobil Oil Corp., 851 F.2d 513, 514 (1st Cir. 1988)).
Here, Alammani has failed to provide a short and plain
statement of his claim.
Although the Court can discern within
the pleading the theme of mistaken identity (which, for the
reasons stated above, cannot be raised in federal court in a nonhabeas civil action), the complaint is drafted such that no other
claim is apparent.
If the plaintiff is attempting to additional
claims for relief, they elude comprehension and therefore do not
constitute a “short and plain statement of the claim.”
Filing of an Amended Complaint
If Alammani would like to bring a claim other than one
explicitly or implicitly challenging the fact or duration of his
confinement, he must file an amended complaint that meets the
requirements of Rule 8(a)(2).
Any amended complaint must also
comply with other provisions of the Federal Rules of Civil
Procedure that are applicable to the drafting of a pleading.
Under Fed. R. Civ. P. 10, “[t]he title of the complaint must name
all the parties.”
Fed. R. Civ. P. 10(a).
The claims in a
complaint must be set forth “in numbered paragraphs, each limited
as far as practicable to a single set of circumstances.”
Civ. P. 10(b).
Further, where a plaintiff brings claims against
more than one defendant in a single lawsuit, the claims must be
limited to those “arising out of the same transaction,
occurrence, or series of transactions or occurrences.”
Civ. P. 20(a)(2)(A).
Finally, the Court notes that the Norfolk
County Correctional Facility is merely a building and therefore
cannot be sued.
If Alammani wishes to pursue this action, he must file an
amended complaint within 42 days of the date of this order.
amended complaint must comply with the above-discussed
requirements for a pleading.
Failure to comply with this action
will result in dismissal of this action for failure to state a
claim upon which relief may be granted.
/s/ William G. Young
WILLIAM G. YOUNG
UNITED STATES DISTRICT JUDGE
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