Ndaula v. Clinton County Correctional Facility et al

Filing 8

ORDER - In accord with the accompanying Memorandum 7 : 1. Pltfs mtn for leave to proceed ifp 6 is GRANTED;2. The complaint 1 is DEEMED FILED;3. Pltfs § 1983 claims against CCCF and his ADA claims against the individual Dfts and Well Path Ca re are DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted. Pltfs § 1983 claims against the individual Dfts and Well Path Care are DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief may be granted;4. Pltf may file an amended complaint with respect to his § 1983 claims against the individual Dfts and Well Path Care within (30) days of the date of this Order. If Pltf elects to file an amended complaint, Pltf is advised to adhere to the standards set forth in the FRCP and the directives set forth by this Courtin its accompanying Memorandum. Specifically, the amended complaint must be complete in all respects. It must be a new pleading which stands by itself without reference to the original complaint or any other documents already filed. The amended complaint should set forth Pltfs claims in short, concise and plain statements as required by Rule 8 of the FRCP. Importantly, should Pltf elect to file an amended complaint, he must re-plead every cause of action in the amended complaint that the Court has found to be adequately plead in the current complaint because the amended complaint will supersede the original complaint. Because an amended complaint supersedes the original pleading, all causes of action alleged in the original complaint which are not alleged in anamended complaint are waived. Accordingly, Pltfs amended complaint must also set forth his ADA claims against CCCF should he wish to proceed upon th em as well. Pltf may not amend his § 1983 claims against CCCF and his ADA claims against the individual Dfts and Well Path Care;5. The Clerk of Court is directed to mail Pltf a civil rights complaint form; and6. The Court will defer service of t he complaint for (30) days. If Pltf files an amended complaint, it will supersede the original complaint as set forth above. If Pltf fails to file an amended complaint within (30) days of the date hereof, the Court will direct service of the original complaint on CCCF. Signed by Honorable Sylvia H. Rambo on 8/7/20. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ALEXANDER W. NDAULA,
Plaintiff
v.
CLINTON COUNTY
CORRECTIONAL
FACILITY, et al.,
Defendants

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No. 1:20-cv-1160
(Judge Rambo)

ORDER
AND NOW, on this 7th day of August 2020, in accordance with the
Memorandum issued concurrently with this Order, IT IS ORDERED THAT:
1. Plaintiff’s motion for leave to proceed in forma pauperis (Doc. No. 6) is
GRANTED;
2. The complaint (Doc. No. 1) is DEEMED FILED;
3. Plaintiff’s § 1983 claims against CCCF and his ADA claims against the
individual Defendants and Well Path Care are DISMISSED WITH
PREJUDICE for failure to state a claim upon which relief may be granted.
Plaintiff’s § 1983 claims against the individual Defendants and Well Path
Care are DISMISSED WITHOUT PREJUDICE for failure to state a
claim upon which relief may be granted;
4. Plaintiff may file an amended complaint with respect to his § 1983 claims
against the individual Defendants and Well Path Care within thirty (30)
days of the date of this Order. If Plaintiff elects to file an amended
complaint, Plaintiff is advised to adhere to the standards set forth in the
Federal Rules of Civil Procedure and the directives set forth by this Court
in its accompanying Memorandum. Specifically, the amended complaint
must be complete in all respects. It must be a new pleading which stands
by itself without reference to the original complaint or any other
documents already filed. The amended complaint should set forth

Plaintiff’s claims in short, concise and plain statements as required by Rule
8 of the Federal Rules of Civil Procedure. Each paragraph should be
numbered. The amended complaint should specify which actions are
alleged as to which defendants and sufficiently allege personal
involvement of the defendant in the acts which Plaintiff claims violated his
rights. Mere conclusory allegations will not set forth cognizable claims.
Importantly, should Plaintiff elect to file an amended complaint, he must
re-plead every cause of action in the amended complaint that the Court has
found to be adequately pled in the current complaint because the amended
complaint will supersede the original complaint. See Knight v. Wapinsky,
No. 12-cv-2023, 2013 WL 786339, at *3 (M.D. Pa. Mar. 1, 2013) (stating
that an amended complaint supersedes the original complaint). Because
an amended complaint supersedes the original pleading, all causes of
action alleged in the original complaint which are not alleged in an
amended complaint are waived. Id. (citations omitted). Accordingly,
Plaintiff’s amended complaint must also set forth his ADA claims against
CCCF should he wish to proceed upon them as well. Plaintiff may not
amend his § 1983 claims against CCCF and his ADA claims against the
individual Defendants and Well Path Care;
5. The Clerk of Court is directed to mail Plaintiff a civil rights complaint
form; and
6. The Court will defer service of the complaint for thirty (30) days. If
Plaintiff files an amended complaint, it will supersede the original
complaint as set forth above. If Plaintiff fails to file an amended complaint
within thirty (30) days of the date hereof, the Court will direct service of
the original complaint on CCCF.

s/ Sylvia H. Rambo
United States District Judge

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CIVIL COMPLAINT FORM TO BE USED BY A PRO SE PRISONER

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
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________________________________________

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Full Name of Plaintiff

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Inmate Number

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v.

Civil No. _____________________
(to be filled in by the Clerk’s Office)

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_________________________________________

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(___) Demand for Jury Trial

Name of Defendant 1

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(___) No Jury Trial Demand

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_________________________________________

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Name of Defendant 2

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_________________________________________

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Name of Defendant 3

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_________________________________________

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Name of Defendant 4

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_________________________________________

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Name of Defendant 5

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(Print the names of all defendants. If the names of all

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defendants do not fit in this space, you may attach

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additional pages. Do not include addresses in this

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section) .

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I.

NATURE OF COMPLAINT

Indicate below the federal legal basis for your claim, if known.
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Civil Rights Action under 42 U.S.C. § 1983 (state, county, or municipal defendants)

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Civil Rights Action under Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388
(1971) (federal defendants)

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Negligence Action under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346, against the
United States
Page 1 of 6

II.

ADDRESSES AND INFORMATION
A.

PLAINTIFF

______________________________________________________________________________
Name (Last, First, MI)
______________________________________________________________________________
Inmate Number
______________________________________________________________________________
Place of Confinement
______________________________________________________________________________
Address
______________________________________________________________________________
City, County, State, Zip Code
Indicate whether you are a prisoner or other confined person as follows:
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Pretrial detainee

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Civilly committed detainee

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Immigration detainee

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Convicted and sentenced state prisoner

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Convicted and sentenced federal prisoner

B.

DEFENDANT(S)

Provide the information below for each defendant. Attach additional pages if needed.
Make sure that the defendant(s) listed below are identical to those contained in the caption. If
incorrect information is provided, it could result in the delay or prevention of service of the
complaint.
Defendant 1:
________________________________________________________________________
Name (Last, First)
________________________________________________________________________
Current Job Title
________________________________________________________________________
Current Work Address
________________________________________________________________________
City, County, State, Zip Code

Page 2 of 6

Defendant 2:
________________________________________________________________________
Name (Last, First)
________________________________________________________________________
Current Job Title
________________________________________________________________________
Current Work Address
________________________________________________________________________
City, County, State, Zip Code

Defendant 3:
________________________________________________________________________
Name (Last, First)
________________________________________________________________________
Current Job Title
________________________________________________________________________
Current Work Address
________________________________________________________________________
City, County, State, Zip Code

Defendant 4:
________________________________________________________________________
Name (Last, First)
________________________________________________________________________
Current Job Title
________________________________________________________________________
Current Work Address
________________________________________________________________________
City, County, State, Zip Code
Defendant 5:
________________________________________________________________________
Name (Last, First)
________________________________________________________________________
Current Job Title
________________________________________________________________________
Current Work Address
________________________________________________________________________
City, County, State, Zip Code
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III.

STATEMENT OF FACTS

State only the facts of your claim below. Include all the facts you consider important. Attach additional
pages if needed.
A.

Describe where and when the events giving rise to your claim(s) arose.

B.

On what date did the events giving rise to your claim(s) occur?

C.

What are the facts underlying your claim(s)? (For example: What happened to
you?

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IV.

LEGAL CLAIM(S)

You are not required to make legal argument or cite any cases or statutes. However, state what
constitutional rights, statutes, or laws you believe were violated by the above actions. If you intend to
assert multiple claims, number and set forth each claim in separate paragraphs. Attach additional pages if
needed.

V.

INJURY

Describe with specificity what injury, harm, or damages you suffered because of the events described
above.

VI.
RELIEF
State exactly what you want the court to do for you. For example, you may be seeking money damages,
you may want the court to order a defendant to do something or stop doing something, or you may be
seeking both types of relief. If you are seeking monetary relief, state your request generally. Do not
request a specific amount of money.

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VII.

SIGNATURE

By signing this complaint, you represent to the court that the facts alleged are true to the best of your
knowledge and are supported by evidence, that those facts show a violation of law, and that you are not
filing this complaint to harass another person or for any other improper purpose.
Local Rule of Court 83.18 requires pro se plaintiffs to keep the court informed of their current address. If
your address changes while your lawsuit is being litigated, you must immediately inform the court of the
change in writing. By signing and submitting the complaint form, you agree to provide the Clerk’s Office
with any changes to your address where case-related papers may be served, and you acknowledge that
your failure to keep a current address on file with the Clerk’s Office may result in dismissal of your case.

___________________________________________
Signature of Plaintiff

___________________________________________
Date

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