Chrisp v. Lancaster County Jail et al

Filing 27

MEMORANDUM AND ORDER that Plaintiff must file an amended complaint within 30 days. The clerk's office is directed to send to Plaintiff a civil complaint form, which Plaintiff should use to assist him in drafting his amended complaint. The clerk's office is directed to set a pro se case management deadline in this matter: April 27, 2015: Check for amended complaint; dismiss if none filed. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party as directed) (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CAMERON CHRISP,
Plaintiff,
v.
LANCASTER COUNTY JAIL, and
LANCASTER COUNTY,
NEBRASKA,
Defendants.

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8:14CV344

MEMORANDUM
AND ORDER

This matter is before the court for case management. On October 27, 2014,
Plaintiff filed his Complaint (Filing No. 1) in this matter. He sued the Lancaster
County Jail and the Saunders County Jail. On January 12, 2015, Plaintiff asked the
court for leave to proceed against Defendants in two separate actions, one action against
Lancaster County and the Lancaster County Jail, and the other action against Saunders
County Jail and Saunders County. (See Filing Nos. 17 and 24.) The court granted
Plaintiff’s requests, and ordered that Plaintiff could proceed in this action against
Lancaster County and Lancaster County Jail. (See Filing No. 26.) In addition, the court
ordered the clerk of the court to open a separate case in which Plaintiff could prosecute
his claims against Saunders County and Saunders County Jail. That case is docketed
at 8:15CV81.
The court must now review Plaintiff’s claims against Lancaster County and
Lancaster County Jail to determine whether summary dismissal is appropriate under 28
U.S.C. §§ 1915(e) and 1915A. The court must dismiss a complaint or any portion of
it that states a frivolous or malicious claim, that fails to state a claim upon which relief
may be granted, or that seeks monetary relief from a defendant who is immune from
such relief. 28 U.S.C. § 1915(e)(2)(B); 28 U.S.C. § 1915A(b). Here, the court cannot
effectively conduct its initial review of Plaintiff’s Complaint because it is unclear which
allegations are lodged against Saunders County and which are lodged against Lancaster
County.

On the court’s own motion, Plaintiff will be given 30 days in which to file an
amended complaint that sets forth only his claims against Lancaster County Jail and
Lancaster County. Any claims not presented in the amended complaint will be deemed
abandoned. If Plaintiff fails to file an amended complaint in accordance with this order,
this case will be dismissed without further notice to him.
IT IS THEREFORE ORDERED that:
1.
Plaintiff must file an amended complaint within 30 days that sets forth
only his claims against Lancaster County Jail and Lancaster County. Any claims not
presented in the amended complaint will be deemed abandoned. If Plaintiff fails to file
an amended complaint in accordance with this order, this case will be dismissed
without further notice to him.
2.
The clerk’s office is directed to send to Plaintiff a civil complaint form,
which Plaintiff should use to assist him in drafting his amended complaint.
3.
The clerk’s office is directed to set a pro se case management deadline in
this matter: April 27, 2015: Check for amended complaint; dismiss if none filed.
DATED this 25th day of March, 2015.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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