AZCONA v. CENTRAL OFFICE OF NW JERSEY DEPARTMENT OF CORRECTIONS et al

Filing 19

MEMORANDUM & ORDER Denying 12 Application to Proceed IFP. It is ORDERED that Plaintiff shall have 30 days from the date of this Memorandum & Order in which to file a proposed all-inclusive proposed amended complaint; should Plaintiff elect not to file a proposed all-inclusive proposed amended complaint within the time allotted, the Court will screen only Plaintiff's claims and allegations in his most recently filed proposed Amended Complaint (ECF 11 ). The Clerk shall serve on Plaintiff by regular U.S. mail this Memorandum and Order.Signed by Judge Georgette Castner on 11/14/2023. (mlh)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
____________________________________
DANIEL AZCONA,
:
:
Plaintiff,
:
Civ. No. 23-479 (GC) (DEA)
:
v.
:
:
CENTRAL OFFICE OF NEW JERSEY
:
MEMORANDUM & ORDER
DEPARTMENT OF CORRECTIONS, et :
al.,
:
:
Defendants.
:
____________________________________:
CASTNER, District Judge
Plaintiff, Daniel Azcona (“Plaintiff” or “Azcona”), is proceeding pro se with this civil
rights action. Previously, the Court granted Plaintiff’s application to proceed in forma pauperis
and screened the original Complaint. (See ECF 7 & 8). Plaintiff’s original Complaint raised claims
related to his conditions of confinement while incarcerated and sought to bring federal criminal
charges against certain Defendants. (See ECF 7 at 2-5 (discussing and analyzing Plaintiff’s claims
raised in original Complaint)). The Court dismissed Plaintiff’s Complaint without prejudice and
closed the case. (See ECF 7 & 8).
Subsequently, Plaintiff submitted a proposed Amended Complaint (ECF 9), then another
proposed Amended Complaint (ECF 11), along with another application to proceed in forma
pauperis. (See ECF 12). Furthermore, Plaintiff also filed several additional documents this Court
interprets as Plaintiff’s attempt to raise additional issues in his most recent proposed Amended
Complaint. (See ECF 13-18). The Clerk will be ordered to reopen this case so that these filings
may be considered and analyzed.

Initially, the Court notes that Plaintiff’s most recent application to proceed in forma
pauperis (see ECF 12) is unnecessary. The Court previously granted Plaintiff in forma pauperis
status. (See ECF 8). Thus, this application will be denied as unnecessary.
Additionally, while Plaintiff has filed a proposed Amended Complaint (see ECF 11), his
more recent filings are construed as Plaintiff’s attempt to amend that proposed Amended
Complaint in piecemeal fashion. Such piecemeal attempts by Plaintiff to seek to amend his
proposed operative pleading are procedurally improper. See Lewis v. Sessions, No. 17-5475, 2017
WL 7313822, at *2 (D.N.J. Nov. 3, 2017) (“Neither Fed. R. Civ. P. 8, which governs pleadings,
nor Fed. R. Civ. P. 15, which governs amended and supplemental pleadings, permits [a plaintiff]
to submit . . . addenda to his Complaint in . . . piecemeal fashion”). Instead, Plaintiff needs to
submit an all-inclusive proposed amended complaint that will still be subject to sua sponte
screening by the Court. Plaintiff shall be given the opportunity to file such a proposed all-inclusive
amended complaint. Should Plaintiff elect not to do so in the time allotted, this Court will proceed
with screening only those claims and allegations in his current proposed Amended Complaint
(ECF 11).
Accordingly, IT IS on this 14th day of November, 2023,
ORDERED that the Clerk shall reopen this case; and it is further
ORDERED that Plaintiff’s application to proceed in forma pauperis (ECF 12) is denied as
unnecessary as Plaintiff already has in forma pauperis status (see ECF 8); and it is further
ORDERED that Plaintiff shall have thirty (30) days from the date of this Memorandum &
Order in which to file a proposed all-inclusive proposed amended complaint; should Plaintiff elect
not to file a proposed all-inclusive proposed amended complaint within the time allotted, the Court

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will screen only Plaintiff’s claims and allegations in his most recently filed proposed Amended
Complaint (ECF 11); and it is further
ORDERED that the Clerk shall serve on Plaintiff by regular U.S. mail this Memorandum
and Order.1

__/s/ Georgette Castner__
GEORGETTE CASTNER
United States District Judge

1

The Court notes the caption in this case currently lists Plaintiff’s address of record as a residence
in New Brunswick, New Jersey. However, Plaintiff’s most recent filings in this case have a return
address at the Camden County Correctional Facility (“CCCF”). (See ECF 18 at 5). Nevertheless,
mail recently sent to Plaintiff in another case at CCCF was recently returned to the Court as
undeliverable noting that Plaintiff is not at CCCF. (See No. 20-8526, ECF 64 at 1). Therefore,
this Court will not change Plaintiff’s address of record in this case to CCCF nor serve this
Memorandum and Order on Plaintiff at CCCF given this recent information.
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