Doe v. Griffith et al

Filing 8

ORDER (1) Granting Plaintiff's 6 Motion to Amend and (2) Directing Plaintiff to File an Amended Complaint in Compliance With Fed. R. Civ. P. 8(a). Signed by District Judge Matthew F. Leitman. (HRya)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
In Re JOHN DOE
a/k/a Robert Winburn,
Case No. 23-mc-50143
Honorable Matthew F. Leitman

Petitioner,

__________________________________________________________________/
ORDER (1) GRANTING PLAINTIFF’S MOTION TO AMEND (ECF No. 6)
AND (2) DIRECTING PLAINTIFF TO FILE AN AMENDED COMPLAINT
IN COMPLIANCE WITH FED. R. CIV. P. 8(a)
This is a prisoner civil-rights case brought by Plaintiff John Doe, also known
as Robert Winburn. United States District Judge Stephen J. Murphy, III previously
enjoined Winburn from filing a civil action in this Court without prepaying costs or
fees unless he shows that he faces “imminent danger of serious physical injury. 28
U.S.C. § 1915(g).” (See Order, ECF No. 1-2, PageID.35.) Earlier in this action, the
Court concluded that Winburn’s allegations established that he was in imminent
danger of serious physical injury under 28 U.S.C. § 1915(g). Accordingly, on
October 25, 2022, the Court granted Plaintiff’s application to proceed in forma
pauperis. (See Order, ECF No. 5.)
Winburn is a Michigan prisoner presently confined at the G. Robert Cotton
Correctional Facility in Jackson, Michigan. In this action, he alleges that Michigan
Department of Corrections employees R.N. Griffith, Officer Todd Redman, Admin.
Assistant K. Napter, P.A. Kristin Austin, and Classification Director J. Schley
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committed and/or are liable for ongoing sexual abuse and misconduct. (See Compl.,
ECF No. 1; Proposed First Am. Compl., ECF No. 7.)
Now before the Court is Winburn’s motion to amend and/or supplement his
Complaint. (See Mot., ECF No 6.) Winburn seeks to add allegations and claims
based on acts and/or omissions that have occurred since he filed the Complaint. (See
id., PageID.111. See also Proposed First Am. Compl., ECF No. 7.) Federal Rule of
Civil Procedure 15(d) provides that the Court may, on just terms, permit a party to
serve a supplemental pleading based upon events occurring after the filing of the
Complaint. Here, a responsive pleading has not yet been filed. Thus, allowing
Winburn to do file a First Amended Complaint will not prejudice any of the
Defendants. Accordingly, the Court will GRANT Winburn’s motion and will allow
him to file a First Amended Complaint.
Finally, the Court notes that none of Winburn’s filings to date – including his
proposed First Amended Complaint (see ECF No. 7) – comply with Federal Rule of
Civil Procedure 8(a)(2). The combined Complaint and proposed First Amended
Complaint are 78 pages and contain far more factual allegations than necessary or
appropriate. Rule 8(a)(2) requires “a short and plain statement of the claim showing
that the pleader is entitled to relief, in order to give the defendant fair notice of what
the . . . claim is and the grounds upon which it rests.’” Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 555 (2007) (internal citation and quotation marks omitted).

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It would be unduly burdensome to require the Defendants to answer the Complaint
or the proposed First Amended Complaint in their current state.
Accordingly, the Court ORDERS Winburn to file a single First Amended
Complaint in this case that complies with Rule 8(a) of the Federal Rules of Civil
Procedure by not later than August 1, 2024. The First Amended Complaint will be
the controlling Complaint in this action and will supersede all other pleadings filed
by Winburn. Therefore, Winburn shall include in the First Amended Complaint all
of the substantive claims that he wishes to pursue in this case. In addition, the First
Amended Complaint shall set forth the facts that are essential to those claims and
that fairly inform the Defendants of the claims against them. The First Amended
Complaint shall not contain unnecessary detailed and/or irrelevant allegations.
If Winburn files a First Amended Complaint by August 1, 2024, as set forth
above, the Court will direct the Clerk of the Court to assign this action a case number
on the Court’s active civil docket, and all future proceedings will take place using
that case number. If Winburn does not file a First Amended Complaint by August
1, 2024, that fully complies with this order, this Court will dismiss his claims without
prejudice.
IT IS SO ORDERED.
Dated: May 22, 2024

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

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I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on May 22, 2024, by electronic means and/or
ordinary mail.
s/Holly A. Ryan
Case Manager
[phone]

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