Collymore v. Suffolk County Sheriff Department et al

Filing 16

Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER(PSSA, 5)

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Case 1:18-cv-11217-NMG Document 16 Filed 08/03/18 Page 1 of 6 Case 1:18-cv-11217-NMG Document 16 Filed 08/03/18 Page 2 of 6 Case 1:18-cv-11217-NMG Document 16 Filed 08/03/18 Page 3 of 6 Case 1:18-cv-11217-NMG Document 16 Filed 08/03/18 Page 4 of 6 Case 1:18-cv-11217-NMG Document 16 Filed 08/03/18 Page 5 of 6 circumstances", and that if "doing so would promote clarity, each claim founded on a separate transaction or occurrence ...must be stated in a separate count..." Fed. R. Civ. P. lO(a) and (b). Any amended complaint - a new stand-alone document - must set forth plausible claims upon which relief can be granted. In preparing the amended complaint, Collymore should not set forth his claims in a narrative or letter format. Rather, any amended complaint should, in numbered paragraphs, focus on the legal claims against each defendant, along with the basis for such claims. In other words, Collymore should set forth minimal facts as to who did what to whom, when, where, and why. He should not assert claims collectively against the defendants, but rather should separately parcel out the claims against each defendant, or if appropriate, groups of identified defendants. He also should not assert multiple causes of action against a defendant in one count; rather, he should identify separately each cause of action and the grounds therefore. If an amended complaint is filed, it will be further screened. With respect to exhibits, Collymore is not required to attach exhibits to his amended complaint, but may do so. However, his factual allegations must stand on their own. III. Conclusion and Order Based on the foregoing, it is hereby Ordered that: 1. Collymore's renewed Motion for Leave to Proceed in forma pauperis (ECF No. 8) is ALLOWED. Pursuant to 28 U.S.C. § 1915(b)(l), the Court assesses an initial partial filing fee of $84.60. The remainder of the fee, $265.40, shall be collected in accordance with 28 U.S.C. § 191 S(b)(2). The Clerk shall send a copy of this Order to the Treasurer's Office at the Suffolk County House of Correction, along with the standard Notice to Prison form. 2. Collymore shall by August 31, 2018, file an amended complaint that cures 5 Case 1:18-cv-11217-NMG Document 16 Filed 08/03/18 Page 6 of 6

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