DIAZ v. FERGUSON et al

Filing 19

ORDER THAT THE AMENDED COMPLAINT IS DISMISSED FOR THE REASONS STATED IN THE COURTS MEMORANDUM. DIAZS DUE PROCESS CLAIMS REGARDING THE REVOCATION OF HIS SINGLE-CELL STATUS AND HIS PLACEMENT IN THE RHU, AS WELL AS HIS CLAIMS REGARDING THE LOSS OF HIS P ROPERTY, ARE DISMISSED WITH PREJUDICE. ANY CLAIMS REGARDING VIOLATIONS OF HIS RIGHT TO ACCESS THE COURTS ARE DISMISSED WITHOUT PREJUDICE TO DIAZS RIGHT TO FILE A SECOND AMENDED COMPLAINT, AS SET FORTH BELOW; ETC. AS HEREIN. THE CLERK OF COURT IS DIRE CTED TO SEND DIAZ A BLANK FORM COMPLAINT TO BE USED BY A PRISONER FILING A CIVIL RIGHTS ACTION. THE CLERK OF COURT SHALL WRITE THE CIVIL ACTION NUMBER OF THIS CASE ON THE FORM. DIAZ MAY USE THIS FORM TO FILE HIS SECOND AMENDED COMPLAINT IF HE CHOOSES TO DO SO. IF DIAZ FAILS TO FILE A SECOND AMENDED COMPLAINT, HIS CASE MAY BE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE WITHOUT FURTHER NOTICE; ETC. AS HEREIN. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 11/21/18. 11/21/18 ENTERED AND COPIES MAILED TO PRO SE ALONG WITH A BLANK FORM COMPLAINT USED BY A PRISONER FILING A CIVIL RIGHTS ACTION.(mas, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RAUL DIAZ,
Plaintiff,
v.
UNIT MANAGER LIQUIS¸ et al.,
Defendants.

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CIVIL ACTION NO. 18-CV-1996

ORDER
AND NOW, this 21st day of November, 2018, upon consideration of pro se Plaintiff
Raul Diaz’s Amended Complaint (ECF No. 17), it is ORDERED that:
1.

The Amended Complaint is DISMISSED for the reasons stated in the Court’s

Memorandum. Diaz’s due process claims regarding the revocation of his single-cell status and
his placement in the RHU, as well as his claims regarding the loss of his property, are
DISMISSED with prejudice. Any claims regarding violations of his right to access the courts
are DISMISSED without prejudice to Diaz’s right to file a second amended complaint, as set
forth below.
2.

Diaz is given leave to file a second amended complaint within thirty (30) days of

the date of this Order with respect to any claims that his right to access the courts was violated
by the destruction of his legal papers. If Diaz files a second amended complaint, he must
identify all of the defendants in the caption of the amended complaint. The second amended
complaint must also provide as much identifying information for the defendants as possible.
Diaz may refer to a defendant by last name only if that is the only identifying information
possessed. If Diaz wishes to name individuals for whom he does not have any identifying
information, he may refer to those individuals as John Doe #1, John Doe #2, etc. The second

amended complaint must also describe how each defendant was responsible for violating Diaz’s
right to access the courts. Upon the filing of a second amended complaint, the Clerk of Court
shall not make service until so ORDERED.
3.

The Clerk of Court is DIRECTED to send Diaz a blank form complaint to be

used by a prisoner filing a civil rights action. The Clerk of Court shall write the civil action
number of this case on the form. Diaz may use this form to file his second amended complaint if
he chooses to do so.
4.

If Diaz fails to file a second amended complaint, his case may be dismissed

without prejudice for failure to prosecute without further notice.
BY THE COURT:

/s/ Jeffrey L. Schmehl
JEFFREY L. SCHMEHL, J.

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