OLESON v. BUREAU OF PRISONS et al

Filing 148

OPINION FILED. Signed by Judge Noel L. Hillman on 7/16/13. (js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

ROBERT R. OLESON,

Civil No. 09-5706 (NLH)

Plaintiff,
OPINION

v.
BUREAU OF PRISONS, et al.,
Defendants.

HILLMAN, District Judge:
1.

Plaintiff Robert R. Oleson filed an Amended Complaint

against several officials at his former facility (FCI Fort Dix
in New Jersey), asserting violation of his federal and
constitutional rights under Bivens v. Six Unknown Named Agents
of Fed. Bureau of Narcotics, 403 U.S. 388 (1971).

(ECF No.

102.)
2.

On December 21, 2012, this Court dismissed the Amended

Complaint, but granted Plaintiff leave to amend certain claims.
(ECF Nos. 142, 143.)
3.

Specifically, this Court dismissed the following claims

with prejudice for failure to state a claim upon which relief
may be granted:

Eighth Amendment claim of deliberate

indifference to need for a transfer to receive rehabilitation
and enroll in a training program; First Amendment retaliation
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claim based on deletion of names from visiting list;
constitutional claims based on failure to delete or correct
information in central file; Fourth Amendment and Fourteenth
Amendment Due Process claims based on property seizure;
constitutional claims based on failure to transfer Plaintiff to
a different unit where the unit team is located on the ground
floor; constitutional claim based on failure to provide
administrative remedy forms; Eighth Amendment failure to protect
claims; claim based on failure to provide paid inmate companion;
and constitutional claims based on verbal threats and
harassment.
4.

(ECF Nos. 142, 143.)

This Court dismissed the following claims without

prejudice to the filing of an amended complaint:

Eighth

Amendment and/or Americans With Disabilities Act (“ADA”) claim
based on failure to provide a new wheelchair and new
prescription eyeglasses.
5.

(ECF No. 142, 143.)

On February 18, 2013, Plaintiff signed and presumably

handed to prison officials for mailing to this Court his final
Amended Complaint.

(ECF No. 146.)

The Amended Complaint with

attachments consists of 45 pages.
6.

The Amended Complaint does not comply with this Court’s

Order (ECF No. 143) granting leave to amend as it resurrects the
allegations and claims this Court dismissed with prejudice, in
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addition to attempting to assert the medical claims on which
leave to amend was granted.
7.

This Court will strike the Amended Complaint for

failure to comply with the Order granting leave to amend.

This

Court will grant Plaintiff a final opportunity to file an
amended complaint which states a cognizable Eighth Amendment
and/or Americans With Disabilities Act claim based on failure to
provide a new wheelchair and prescription eyeglasses.
8.

An appropriate Order accompanies this Opinion.

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

Dated: July 16, 2013
At Camden, New Jersey

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