Chrisp v. Saunders County Jail et al
Filing
9
MEMORANDUM AND ORDER - Plaintiff must file an amended complaint within 30 days that sets forth only his claims against Saunders County Jail and Saunders 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. The clerk's office is directed to send to Plaintiff a civil complaint form, which Plaintiff should use to assist h im 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 with civil complaint form)(GJG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CAMERON CHRISP,
Plaintiff,
v.
SAUNDERS COUNTY JAIL, and
SAUNDERS COUNTY,
NEBRASKA,
Defendants.
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8:15CV81
MEMORANDUM
AND ORDER
This matter is before the court for case management. On October 27, 2014,
Plaintiff filed a Complaint in Case Number 8:14CV344, in which 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 Case Number 8:14CV344
at Filing Nos. 17 and 24.) The court granted Plaintiff’s requests, and ordered that
Plaintiff could proceed in Case Number 8:14CV344 against Lancaster County and
Lancaster County Jail. (See Filing No. 1.) 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 the above-captioned case.
The court must now review Plaintiff’s claims against Saunders County and
Saunders 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 Saunders County and
Saunders County Jail. 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 Saunders County Jail and Saunders 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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