Miller v. Bickell et al

Filing 10

MEMORANDUM (Order to follow as separate docket entry) re 9 Letter request Motion to file an amended complaint 2 MOTION for Leave to Proceed in forma pauperis filed by Jason William Miller Signed by Honorable A. Richard Caputo on 11/7/13. (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JASON WILLIAM MILLER,
Plaintiff
v.
SUPT. TODD BICKELL, et al.,
Defendants

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CIVIL NO. 3:CV-13-1794
(Judge Caputo)

MEMORANDUM
I.

Introduction
On June 28, 2013, Mr. Miller, an inmate at the Huntingdon State Correctional

Institution (SCI-Huntingdon), in Huntingdon, Pennsylvania, filed this civil rights action
pursuant to 42 U.S.C. § 1983, after he slipped and fell in the shower at the prison.
(Doc. 1, Compl.) Mr. Miller allegedly injured his back in the fall and was taken to
J.C. Blair, an outside hospital, for treatment. He alleges that prison officials and
physicians at J.C. Blair were deliberately indifferent to his serious medical needs
following the fall. (Id.) Presently before the Court is Mr. Miller’s November 6, 2013
letter-request to dismiss several named defendants and add two new defendants.
(Doc. 9). The Court will construe Mr. Miller’s letter-request as a motion to file an
amended complaint. For the reasons that follow Mr. Miller will be directed to file an
Amended Complaint.

II.

Discussion
The filing of an Amended Complaint is governed by Fed. R. Civ. P. 15(a):
(1) Amending as a Matter of Course. A party may amend
its pleading once as a matter of course within:
(A) 21 days after serving it, or
(B) if the pleading is one to which a responsive pleading is
required, 21 days after service of a responsive pleading or
21 days after service of a motion under Rule 12(b), (e), or
(f), whichever is earlier.
(2) Other Amendments. In all other cases, a party may
amend its pleading only with the opposing party’s written
consent or the court’s leave. The court should freely give
leave when justice so requires.

Fed. R. Civ. P. 15(a).
Based on the procedural history of this case, Mr. Miller may file an amended
complaint as a matter of right. Mr. Miller is cautioned that his amended complaint
must contain the same docket number as the instant action and should be labeled
“Amended Complaint.” In addition, the "amended complaint must be complete in all
respects. It must be a new pleading which stands by itself as an adequate
complaint without reference to the complaint already filed." Young v. Keohane, 809
F.Supp. 1185, 1198 (M.D. Pa. 1992). In particular, Mr. Miller is advised that the
amended complaint will supercede the original complaint and must be “retyped or
reprinted so that it will be complete in itself including exhibits.” M.D. Pa. LR 15.1.
Consequently, all causes of action alleged in the complaint which are not alleged in
the amended complaint will be waived.
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Mr. Miller’s amended complaint must be concise and direct. See Fed. R. Civ.
P. 8(d). Each allegation must be set forth in an individually numbered paragraphs in
short, concise and simple statements. Id. The allegations should be specific as to
time and place, and should identify the specific person or persons responsible for
the deprivation of his constitutional rights and what each individual did that led to
deprivation of his rights. Ashcroft v. Iqbal, 556 U.S. 662, 676, 129 S.Ct. 1937, 1948,
173 L.Ed.2d 868 (2009). He also shall specify the relief he seeks with regard to
each claim and defendant. Failure to file a completely new amended complaint will
result in the Court proceeding in this matter based on the original complaint. Finally,
Mr. Miller is cautioned that the amended complaint, if handwritten, must be legible.
An appropriate Order follows.

/s/ A. Richard Caputo
A. RICHARD CAPUTO
United States District Judge
Date: November 7

, 2013

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