Straeten v. Potosi Correctional Center et al

Filing 37

ORDER denying 34 motion to appoint counsel ; denying 36 motion to amend/correct; denying 10 motion to amend/correct; adopting in part Report and Recommendations re 12 Report and Recommendations.; denying 15 motion to amend/correct; denying 30 motion for leave to file. Plaintiff's claim arising from his incarceration at Potosi Correctional Center, are dismissed without prejudice. Plaintiff's claims regarding lost property, and alleging false conduct violations and resulting administrative segregation are dismissed, for failure to state a claim. Signed by District Judge Nanette K. Laughrey on 12/17/09. (Bax, Laura)

IN THE L]I\-ITED STATES DISTRICTCOIJRTFOR THE WESTERN DISTRICTOF MISSOtru CENTRALDIVISION
T I M O T H Y STRAETEN,Register No.516953
Plaintiff. v. P O T O S I CORRECTIONAL CENTER, et al., Defendants. ORDER On May 9, 2009, the United StatesMagistrate Judge recommendeddismissing plaintiff's claims for failure to state a claim on which relief may be granted. The parties were advisedthey could file written exceptionsto the recommendation,pursuant to 28 U.S.C. $ 636(bXl). The court has conducted a de novo review of the record, including the exceptionsfiled by plaintiff on May 18, 2009. Plaintiff s exceptionsaddressingplaintiff s claims arising from his incarceration at Potosi Correctional Center, regarding lost property, and alleging false conduct violations and resulting administrative segregation,were adequatelyaddressedin the report and recommendation. The court is persuadedthat the recommendationof the Magistrate Judge is correct and should be adoptedas to these claims. Plaintiff s objections, however, do specifically identiff defendantsat the Jefferson City Correctional Center who he alleges assaultedor used excessiveforce against him, and therefore, these claims will not be dismissed. Nonetheless,there is no coherent or understandablecomplaint in this caseon which plaintiff can proceed. The large volume of separatefilings made in this case, make it almost impossible to determine exactly what plaintiffs claims are; therefore, plaintiff will be required to file an amendedcomplaint, on court approved forms. Plaintiffs amendedcomplaint, should not contain any claims of which this court is dismissing by this order. Plaintiff must follow Rule 8(a) of the Federal Rules of Civil Procedure, which requires a complaint to include "a

N o . 09-4018-CV-C-NKL

short andplain statement the claim showingthat the pleaderis entitledto relief; anda of demand the relief sought.... (emphasis " for added). Plaintiff shouldspecificallyidentiff each defendanandhis or her specificaction(s) t that plaintiff alleges violatedhis constitutional rights. Plaintiff is advised that makinga largenumberof unnecessary filings in his caseonly d e l a y s processing his case. the of Plaintiff s motion seeking appointment counsel denied,without prejudice. It is the of is generapracticeof this court to deny requests appointment counselin the very early l for of stages the proceedings of beforean answer beenfiled, or when it appears dismissal has that may be warranted because complaint"(1) is frivolous, malicious,or fails to statea claim the uponwhich relief may be granted;or (2) seeks monetary relief from a defendant who is immune from suchrelief." See U.S.C. $$ 1915 19154. Accordingly, is 28 or it ORDEREDthat plaintiff s motion for appointment counselis denied,without of prejudice.[34] It is turther ORDEREDthat the Magistrate Judge'sMay 9, 2009,Reportand Recommendation is adopted part [12]. It is further in ORDEREDthat plaintiff's claimsarisingfrom his incarceration PotosiCorrectional at Center,are dismissed without prejudice. It is further ORDEREDthat plaintiff s claimsregarding property,and allegingfalseconduct lost violationsandresultingadministrative segregation dismissed, failure to statea claim, are for p u r s u a n t 28 U.S.C. 1915. It is further to ORDEREDthat plaintiffs motionsto amendandsupplement denied,without are prejudice,asmoot in light of this court's directivefor plaintiff to file an amended complaint. [ 1 0 , 15, 30, 36] It is further ORDEREDthat plaintiff file an amended complaint,as specificallysetforth in this order, on court approved forms, within twentydaysof the dateof this order. It is further ORDEREDthat the Clerk of Court forwardto plaintiff, with this order, the court's42 U . S . C .$ 1983 complaint forms.

D a t e dthisL!_day of December, 2W9, at Jefferson City, Missouri.

tu

District Judge UnitedStates