NICHOLS v. E. JUDDUE et al

Filing 13

ORDER THAT THE CLERK OF COURT IS DIRECTED TO ADD CORRECTIONAL OFFICER FORD AND MS. DANA AS DEFENDANTS. THE AMENDED COMPLAINT IS DISMISSED IN PART WITH PREJUDICE AND IN PART WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM PURSUANT TO 28 U.S.C. § 1 915(E)(2)(B)(II) FOR THE REASONS STATED IN THE COURTS MEMORANDUM AS FOLLOWS; ETC. AS HEREIN. THE CLERK OF COURT IS DIRECTED TO TERMINATE MCFADDEN, A. GOWAH, BARCLAY, AND MS. DANA AS DEFENDANTS. NICHOLS MAY FILE A SECOND AMENDED COMPLAINT WITHIN THIRT Y (30) DAYS OF THE DATE OF THIS ORDER; ETC. AS HEREIN. THE CLERK OF COURT IS DIRECTED TO SEND NICHOLS A BLANK COPY OF THE COURTS FORM COMPLAINT FOR A PRISONER FILING A CIVIL RIGHTS ACTION BEARING THE ABOVE CIVIL ACTION NUMBER; ETC. AS HEREIN. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 2/6/24. 2/6/24 ENTERED AND COPIES MAILED TO PRO SE ALONG WITH A BLANK COPY OF THE COURTS FORM COMPLAINT FOR A PRISONER FILING A CIVIL RIGHTS ACTION.(mas)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
RONELL NICHOLS,
Plaintiff,

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v.
E. JUDDUE, et al.,
Defendants.

No. 23-cv-3157

ORDER
AND NOW, this 6th day of February, 2024, upon consideration of Plaintiff Ronell
Nichols’s pro se Amended Complaint and Exhibits thereto (ECF Nos. 9, 10), it is ORDERED
that:
1.

The Clerk of Court is DIRECTED to ADD Correctional Officer Ford and Ms.

Dana as Defendants.
2.

The Amended Complaint is DISMISSED IN PART WITH PREJUDICE AND

IN PART WITHOUT PREJUDICE for failure to state a claim pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii) for the reasons stated in the Court’s Memorandum as follows:
a.

Nichols’s official capacity claims, his failure to protect claims against

McFadden, Gowah, and Barclay, his access to courts claim against Ms. Dana, and his
claims against Warden Williams based on alleged failure to respond to grievances are
DISMISSED WITH PREJUDICE;
b.

Nichols’s Thirteenth Amendment claim is DISMISSED WITHOUT

PREJUDICE.
3.

The Clerk of Court is DIRECTED to TERMINATE McFadden, A. Gowah,

Barclay, and Ms. Dana as Defendants.

4.

Nichols may file a second amended complaint within thirty (30) days of the date

of this Order. Any second amended complaint must identify all defendants in the caption of the
second amended complaint in addition to identifying them in the body of the second amended
complaint, shall state the basis for Nichols’s claims against each defendant, and shall bear the
title “Second Amended Complaint” and the case number 23-3157. The second amended
complaint shall be a complete document that does not rely on the initial Complaint, the Amended
Complaint, or other papers filed in this case to state a claim. If Nichols files a second amended
complaint, his second amended complaint must be a complete document that includes all of
the bases for Nichols’s claims, including claims that the Court has not yet dismissed if he
seeks to proceed on those claims. Claims that are not included in the second amended
complaint will not be considered part of this case. When drafting his second amended
complaint, Nichols should be mindful of the Court’s reasons for dismissing the claims in his
Amended Complaint as explained in the Court’s Memorandum. Upon the filing of a second
amended complaint, the Clerk shall not make service until so ORDERED by the Court.
5.

If Nichols does not file a second amended complaint the Court will direct service

of his Amended Complaint on Defendant Ford only so that Nichols may proceed on his
remaining retaliation claim. Nichols may also notify the Court that he seeks to proceed on this
claim rather than file a second amended complaint. If he files such a notice, Nichols is reminded
to include the case number for this case, 23-3157.
6.

The Clerk of Court is DIRECTED to send Nichols a blank copy of the Court’s

form complaint for a prisoner filing a civil rights action bearing the above civil action number.
Nichols may use this form to file his second amended complaint if he chooses to do so.

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7.

The time to serve process under Federal Rule of Civil Procedure 4(m) is

EXTENDED to the date the Court issues summonses in this case if summonses are issued.

BY THE COURT:

/s/ Joseph F. Leeson, Jr.
JOSEPH F. LEESON, JR.
United States District Judge

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