WILLIAMS v. SOUTHWOODS STATE PRISON et al
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NOT FOR PUBLICATION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.
SOUTHWOODS STATE PRISON and
UCHC MEDICAL STAFF,
CIV. ACTION NO. 17-1466 (RMB)
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.)
sent Plaintiff a prisoner civil rights complaint form and an IFP
(Order, ECF No. 2.)
Now before the Court is
Plaintiff’s Amended Complaint (ECF No. 5), and his application to
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
(ECF Nos. 6, 7, 8.)
One of these letters purports to amend
the Amended Complaint and to amend the pending motion for a temporary
(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.
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.
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.)
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
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.
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
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
An appropriate Order follows.
DATED: July 17, 2017
s/Renée Marie Bumb
RENÉE MARIE BUMB
UNITED STATES DISTRICT JUDGE
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