Lanier v. Spectrum Human Services

Filing 3

ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT WITHIN 21 DAYS re 1 Complaint filed by Latricia Lanier. Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LATRICIA LANIER,
Plaintiff,
v.

Civil Case No. 12-11901
Honorable Patrick J. Duggan

SPECTRUM HUMAN SERVICES,
Defendant.
_______________________________/
ORDER TO FILE AMENDED COMPLAINT
Plaintiff filed this pro se action against Defendant on April 27, 2012. Plaintiff has
been granted leave to proceed in forma pauperis in this action.
Federal Rule of Civil Procedure 8(a) requires that a complaint set forth a short and
plain statement of the grounds upon which the court’s jurisdiction depends, a short and
plain statement of the claim showing that the pleader is entitled to relief, and a demand
for judgment for the relief sought. A complaint must contain sufficient factual matter,
that when accepted as true, “‘state[s] a claim to relief that is plausible on its face.’”
Ashcroft v. Iqbal, 556 U.S. 662, – , 129 S. Ct. 1937, 1949 (2009) (quoting Bell Atl. Corp.
v. Twombly, 550 U.S. 555, 570, 127 S. Ct. 1955, 1974 (2007)). A claim is facially
plausible when a plaintiff pleads factual content that permits a court to reasonably infer
that the defendant is liable for the alleged misconduct. Id. (citing Twombly, 550 U.S. at
556, 127 S. Ct. at 1965).
Generally, a less stringent standard is applied when construing the allegations

pleaded in a pro se complaint. Haines v. Kerner, 404 U.S. 519, 520-21, 92 S. Ct. 594,
596 (1972). Even when held to a less stringent standard, however, Plaintiff’s Complaint
fails to satisfy Rule 8. For example, it is not clear from Plaintiff’s Complaint which
constitutional right(s) she believes have been violated, what conduct constituted a
violation of those rights, when that conduct occurred, or what facts support a finding that
Defendant acted under color of state law. Plaintiff must show that Defendant acted under
color of state law to assert a viable civil rights action. See Block v. Ribar, 156 F.3d 673,
677 (6th Cir. 1998) (citing Parratt v. Taylor, 451 U.S. 527, 535, 101 S. Ct. 1908, 1913
(1981)).
Therefore, within twenty-one (21) days of this Order, Plaintiff shall file an
amended complaint in compliance with Federal Rule of Civil Procedure Rule 8 or this
action will be dismissed without prejudice.
SO ORDERED.

Date: May 1, 2012

s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE

Copy to:
Latricia Lanier
2000 Keystone
Detroit, MI 48234

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