Alvarez et al v. Lassiter et al

Filing 3

ORDER re 1 Complaint: Plaintiffs shall have 21 days (until 6/5/2018) in which to file an Amended Complaint in accordance with this Order and all applicable rules and procedures. During that time, Plaintiffs Carter, Johnson , Tharrington, and Martin, shall also file motions to proceed in forma pauperis. If Plaintiffs fail to file an Amended Complaint in accordance with this Order, this action will be dismissed and closed without prejudice and without further notice as to Plaintiffs Carter, Johnson, Tharrington, and Martin, and the matter will proceed solely with regards to Plaintiff Alvarez. Signed by Chief Judge Frank D. Whitney on 5/14/2018. (Pro se litigants served by US Mail.) (maf)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:18-cv-116-FDW
ELI ALVAREZ, et al.,

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Plaintiffs,
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vs.
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KENNETH LASSITER, et al.,
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Defendants.
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__________________________________________)

ORDER

THIS MATTER is before the Court on its own motion. On April 22, 2018, Plaintiff Eli
Alvarez filed a Complaint pursuant to 42 U.S.C. § 1983 that he purports to bring on behalf of
himself and four other inmates: Givonno Carter, Marvin H. Johnson, Malcolm Tharrington, and
Brian L. Martin, Jr. However, only Alvarez has signed the Complaint under penalty of perjury,
and only he has filed an Application to Proceed in District Court Without Prepaying Fees or Costs.
(Doc. Nos. 1, 2).
Due to the serious deficiencies in the Complaint, and failure of four of the Plaintiffs to file
motions to proceed in forma pauperis, the Court is unable to screen the Complaint at this time.
Plaintiffs shall have 21 days in which to file an Amended Complaint in which they may
attempt to cure these deficiencies. Plaintiffs are reminded that, despite their pro se status, they
must comply with all applicable procedures and rules including the Federal Rules of Civil
Procedure and the Court’s Local Rules. Each of the Plaintiffs must sign the Amended Complaint
under penalty of perjury. Rule 8(a)(2) of the Federal Rules of Civil Procedure requires a “short
and plain” statement of the claim. Any Amended Complaint will supersede the original Complaint
and therefore any Defendants or claims not contained in the Amended Complaint will be waived.
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Plaintiffs must include the case number on the Amended Complaint so that it is docketed in the
correct case. Plaintiffs’ failure to timely file a single superseding Amended Complaint that
complies with this Order will result in the Court proceeding on the Complaint only with regards
to Eli Alvarez; the remaining Plaintiffs will be dismissed from this action. The filing of more than
one Amended Complaint will probably result in the opening of separate § 1983 cases.
IT IS, THEREFORE, ORDERED that:
1. Plaintiffs shall have 21 days in which to file an Amended Complaint in accordance
with this Order and all applicable rules and procedures. During that time, Plaintiffs
Carter, Johnson, Tharrington, and Martin, shall also file motions to proceed in forma
pauperis. If Plaintiffs fail to file an Amend Complaint in accordance with this Order,
this action will be dismissed and closed without prejudice and without further notice as
to Plaintiffs Carter, Johnson, Tharrington, and Martin, and the matter will proceed
solely with regards to Plaintiff Alvarez.
2. The Clerk is directed to mail a copy of a new Section 1983 complaint form to Plaintiffs.

Signed: May 14, 2018

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