Bayton v. Monroe County Prison et al

Filing 11

ORDER: ADOPTING IN PART Magistrate Judge Blewitt's Report and Recommendations 8 ; directing plaintiff to file an amended complaint on or before 3/5/13 setting forth specific requirements of the amended complaint; failure of plaintiff to file his amended complaint within the required time period or to follow the specific requirements set forth, will result in the action being dismissed with prejudice. Signed by Honorable Matthew W. Brann on 2/12/13 (km)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JAMAL BAYTON,
Plaintiff,
v.
MONROE COUNTY PRISON
and PRIMECARE MEDICAL
Defendants.

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Civil Action No. 3:12-CV-2156
(Judge Brann)

(Magistrate Judge Blewitt)

MEMORANDUM
February 12, 2013
BACKGROUND:
On October 31, 2012, plaintiff Jamal Bayton, proceeding pro se, filed a
complaint pursuant to 42 U.S.C. § 1983. (Doc. No. 1). Construing the complaint
liberally1 , Bayton’s complaint alleges an Eighth Amendment violation based on
alleged inadequate medical treatment while he was housed at the Monroe County
Correctional Facility (hereinafter “MCCF”). The named defendants are the
Monroe County Prison2 and PrimeCARE Medical.

Pro Se complaints in particular should be construed liberally. Dluhos v.
Strasberg, 321 F.3d 365, 369 (3d Cir. 2003).
1

Although plaintiff named the Monroe County Prison as a defendant, the
correct name of the facility is the Monroe County Correctional Facility.
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1

The matter was initially referred to United States Magistrate Judge Thomas
M. Blewitt. On November 13, 2012, Judge Blewitt filed a sixteen-page report and
recommendation (Doc. No. 8), recommending that Bayton’s complaint be
dismissed with prejudice, with the exceptions that the complaint be dismissed
without prejudice for plaintiff to file an amended complaint against the MCCF
medical staff who were personally involved in his Eighth Amendment Claim and
against Monroe County under Monell. Objections to the report and
recommendation were due November 30, 2012. Plaintiff did not file objections.
Because we agree with Judge Blewitt’s thorough analysis that the complaint
fails to state a claim upon which relief may be granted, the court will not rehash
the sound reasoning of the magistrate judge.
The court will not, however, adopt the procedural aspects of the report and
recommendation. This court will direct Bayton as to how to amend his complaint.
However, if Bayton does not file an amended complaint that complies with the
terms of this order and the report and recommendation of Magistrate Judge Blewitt
(Doc. No. 8) on or before March 4, 2013, the court will dismiss the case with
prejudice pursuant to Fed. R. Civ. P. 41(b).

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

JAMAL BAYTON,

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:
:
:
:
:
:
:
:
:

Plaintiff,
v.
MONROE COUNTY PRISON
and PRIMECARE MEDICAL
Defendants.

Civil Action No. 3:12-CV-2156
(Judge Brann)

(Magistrate Judge Blewitt)

ORDER
February 12, 2013
NOW, THEREFORE, IT IS HEREBY ORDERED TH . T:
1A
1.

United States Magistrate Judge Thomas M. Blewitt’s Report and
Recommendation is ADOPTED in part. ( Doc. No. 8)

2.

On or before Tuesday, March 5, 2013, the plaintiff shall file an
amended complaint.

3.

The plaintiff’s amended complaint shall be complete, in and of itself,
without reference to any prior filings.

4.

The plaintiff’s amended complaint must include appropriate
allegations of the defendants personal involvement.
3

5.

The plaintiff’s amended complaint must specifically state, in separate
numbered counts, which constitutional right he alleges the
defendant(s) have violated and which defendant(s) they are alleging
are involved in each count.

6.

In accordance with Fed. R. Civ. P. 8(d), each averment of the
plaintiff’s amended complaint shall be simple, concise and direct.

7.

Should the plaintiff fail to file his amended complaint within the
required time period, or fail to follow the above mentioned
procedures, the undersigned will dismiss the action with prejudice.

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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