Brown v. McGinley

Filing 20

ORDER - IT IS HEREBY ORDERED that Plaintiff's 13 Motion seeking leave to file an amended complaint is GRANTED; Within twenty-one (21) days of the date of this Order, Plaintiff may file a single, all inclusive Amended Complaint. Failure of t he Plaintiff to timely submit an amended complaint or otherwise respond to this Order will result in dismissal of his action for failure to prosecute. Defendants' 18 Motion to Dismiss the Original Complaint is DISMISSED WITHOUT PREJUDICE as moot. Signed by Honorable Matthew W. Brann on 6/14/2018. (jr)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
KYLIEFF BROWN,
Plaintiff,
v.
THOMAS MCGINLEY, ET AL.,
Defendants.

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No. 4:17-CV-1400
(Judge Brann)

ORDER
JUNE 14, 2018
I.

BACKGROUND
This pro se civil rights action was filed by Kylieff Brown, an inmate

presently confined at the State Correctional Institution, Coal Township,
Pennsylvania (SCI-Coal Twp.). Named as Defendants are multiple members of the
SCI-Coal Twp. staff. Service of the Complaint was previously ordered.
Plaintiff’s claims stem from his contention that prison staff intentionally
interfered with his outgoing mail, failed to protect his safety, and subjected him to
other retaliatory actions.
Presently pending is a motion by Plaintiff requesting leave to add eight (8)
Defendants. See Doc. 13. The two (2) page motion is neither accompanied by a
supporting brief nor a proposed amended complaint.

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The Original Defendants filed a motion to dismiss the Original Complaint
for failure to state a claim. See Doc. 18. There has been no response filed to the
motion to amend by the Original Defendants.
II.

DISCUSSION
Based upon the relief sought by Brown’s sparsely worded motion, it will be

construed as a motion to file an amended complaint. Federal Rule of Civil
Procedure 15(a) provides:
(a) Amendments Before Trial.
(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.
Rule 15(a)(2) additionally provides that “[t]he court should freely give leave when
justice so requires.” Since service of the Original Complaint was not yet ordered,
the Plaintiff may file an amended complaint as a matter of right under Rule 15.
Furthermore, it is well settled that pro se litigants (such as Brown) are to be
afforded liberal treatment, Haines v. Kerner, 404 U.S. 519, 520 (1972), and are to
be granted leave to file a curative amended complaint “even when a plaintiff does
not seek leave to amend,” unless such an amendment would be inequitable or
futile. Alston v. Parker, 363 F.3d 229, 235 (3d Cir. 2004).
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Since Brown can file an amended complaint as a matter of right, his
unopposed motion to amend will be granted. He will be directed to file a single all
inclusive amended complaint within twenty-one (21) days of the date of this Order
which adheres to the standards set forth herein. In light of that determination, the
pending motion to dismiss will be dismissed as moot.
Plaintiff is advised that in order to state a viable civil rights claim each
named defendant must be shown, via the complaint’s allegations, to have been
personally involved in the events or occurrences which underlie a claim. Rode v.
Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988). The Supreme Court of the
United States in Leatherman v. Tarrant County Narcotics Unit, 507 U.S. 163, 167
(1993), noted that a § 1983 complaint need only to comply “with the liberal system
of ‘notice pleading’ set up by the Federal Rules.” Id. Brown must also exhaust
available administrative remedies with respect to each claim he wishes to pursue
before seeking relief in federal court.
The Plaintiff is also reminded that his amended complaint must be complete
in all respects and is limited to claims related to the allegations set forth in the
Original Complaint. It must be a new pleading which stands by itself without
reference to the complaint or submissions already filed. The amended complaint
should clearly identify each Defendant, set forth the factual substance underlying
Brown’s claims in short, concise and legible statements, and specify the
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constitutional claims and relief being sought. Brown is also advised that in order
to state a viable civil rights claim he must make a showing that the conduct
complained of was committed by a person acting under color of law and that said
conduct deprived him of a right, privilege, or immunity secured by the Constitution
or by a statute of the United States. Cohen v. City of Philadelphia, 736 F.2d 81, 83
(3d Cir. 1984).
A prerequisite for a viable civil rights claim is that a defendant directed, or
knew of and acquiesced in, the deprivation of his constitutional rights. Gay v.
Petsock, 917 F.2d 768, 771 (3d Cir. 1990). This is the personal involvement
requirement. Liability may not be imposed under § 1983 on the principle of
respondeat superior. See Rode, 845 F.2d at 1207 (a defendant in a civil rights
action must have personal involvement in the alleged wrongs which can be shown
through allegations of personal direction or of actual knowledge and
acquiescence).
Failure of the Plaintiff to timely submit an amended complaint or otherwise
respond to this Order will result in dismissal of his action for failure to prosecute.

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AND NOW, for the reasons set forth herein, IT IS HEREBY ORDERED
that:
1.

Plaintiff’s motion (Doc. 13) seeking leave to file an amended
complaint is GRANTED.

2.

Within twenty-one (21) days of the date of this Order, Plaintiff may
file a single, all inclusive Amended Complaint.

3.

Failure of the Plaintiff to timely submit an amended complaint or
otherwise respond to this Order will result in dismissal of his action
for failure to prosecute.

4.

Original Defendants’ motion to dismiss the Original Complaint (Doc.
18) is DISMISSED WITHOUT PREJUDICE as moot.

BY THE COURT:

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

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