WILLIAMS v. SOUTHWOODS STATE PRISON et al

Filing 10

OPINION. Signed by Judge Renee Marie Bumb on 7/17/2017. (rtm, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
JOHN L. WILLIAMS, Jr.
Plaintiff,
v.

SOUTHWOODS STATE PRISON and
UCHC MEDICAL STAFF,
Defendants.

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CIV. ACTION NO. 17-1466 (RMB)

OPINION

BUMB, U.S. District Judge
Plaintiff attempted to initiate this action by submitting to
the Court a “Late Tort Extension Request,” which the Court construed
as a prisoner civil rights complaint and dismissed without prejudice.
(Compl., ECF No. 1; Opinion and Order, ECF Nos. 2, 3.)

The Court

sent Plaintiff a prisoner civil rights complaint form and an IFP
application.

(Order, ECF No. 2.)

Now before the Court is

Plaintiff’s Amended Complaint (ECF No. 5), and his application to
proceed

in

forma

pauperis

(“IFP

Application”)

(ECF

No.

4.)

Plaintiff submitted a motion for a temporary restraining order with
his amended complaint.

(ECF No. 5-1.)

Plaintiff subsequently submitted a series of letters to this
Court.

(ECF Nos. 6, 7, 8.)

One of these letters purports to amend

the Amended Complaint and to amend the pending motion for a temporary

restraining order.

(ECF No. 7.)

Another letter notifies this Court

of Plaintiff’s intent to file criminal complaints in state court (ECF
No. 8), which is unnecessary as this Court has no jurisdiction over
state criminal matters.
Plaintiff’s IFP application is complete, and it establishes his
financial eligibility to proceed in forma pauperis.
application will be granted.

The IFP

When a prisoner is granted in forma

pauperis status, the Court must review the complaint and dismiss it
if the court determines that the action is frivolous or malicious,
fails to state a claim on which relief may be granted or seeks monetary
relief against a defendant who is immune from such relief.

28 U.S.C.

§ 1915(e)(2)(B).
Before the Court could review Plaintiff’s Amended Complaint
pursuant to § 1915(e)(2)(B), Plaintiff submitted a letter purporting
to further amend his complaint.

(Letter, ECF No. 8.)

Although

Plaintiff may submit a Second Amended Complaint, it must entirely
replace the existing Amended Complaint, and must contain a short and
plain statement, explaining what each defendant is alleged to have
done to violate Plaintiff’s rights, and the relief Plaintiff seeks.1
See Federal Rule of Civil Procedure 8(a); Snyder v. Pascack Valley

1

It would be helpful if, in his Second Amended Complaint, Plaintiff
labels and attaches any additional pages needed to state his claims,
if there is insufficient space provided on the form.
2

Hosp., 303 F.3d 271, 276 (3d Cir. 2002) (“An amended complaint
supercedes the original version in providing the blueprint for the
future course of a lawsuit.”)

Apart from identifying the legal

claims against each defendant, the Second Amended Complaint should
not include a recitation of law.

Any motions should be submitted

and filed separately, and motions may be accompanied by a memorandum
of law.
III. CONCLUSION
For the reasons discussed above, Plaintiff’s IFP application
is granted, and the Court will reserve its review pursuant to 28
U.S.C. § 1915(e)(2)(B) until Plaintiff files his Second Amended
Complaint.
An appropriate Order follows.
DATED: July 17, 2017

s/Renée Marie Bumb
RENÉE MARIE BUMB
UNITED STATES DISTRICT JUDGE

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