SPEARMAN v. NICKELOS et al
Filing
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ORDER granting 25 Motion for More Definite Statement; granting 27 Motion to Amend/Correct. IT IS FURTHER ORDERED that Plaintiff shall amend his complaint as described herein and file it with the Court within twenty-one (21) days of the date of th is Order. He shall clearly mark his complaint "Second Amended Complaint" and it must include all of his claims in this action and should not refer back to the original or first amended complaints. If Plaintiff fails to comply with this Order then the undersigned will recommend that this action be dismissed for his failure to prosecute. Signed by Magistrate Judge Lisa Pupo Lenihan on October 30, 2015. (kcc)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
RAPHAEL MOSES SPEARMAN,
Plaintiff,
v.
D. NICKELOS, et al.,
Defendants.
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Civil Action No. 15 – 142
District Judge Mark R. Hornak
Magistrate Judge Lisa Pupo Lenihan
MEMORANDUM ORDER
Pending before the Court is a Motion for More Definite Statement (ECF No. 25) and
Plaintiff’s Motion to Amend his Complaint (ECF No. 27). Because the Court finds that
Plaintiff’s Amended Complaint fails to comply with the pleading requirements established by
Rules 8 and 10 of the Federal Rules of Civil Procedure, it is necessary for Plaintiff to file a
Second Amended Complaint that is compliant with the Federal Rules and the following
instructions.
Instructions for Filing an Amended Complaint
A.
Caption and Heading
Plaintiff must place his full name at the top of the second amended complaint. Plaintiff
must also add the names of each defendant. Plaintiff must name as defendants only those
persons who are responsible for the alleged constitutional violation(s).1
Plaintiff should be aware that a defendant in a 42 U.S.C. § 1983 action “must have
personal involvement in the alleged wrong; liability cannot be predicated solely on the operation
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B.
Jurisdiction
Plaintiff must inform the Court why the case should be heard in federal court rather than
state court or some other forum. If Plaintiff’s action is generally one for a violation of civil
rights, 42 U.S.C. § 1983 will normally be the basis for the claim. In order for Plaintiff’s action to
be heard in federal court under Section 1983, he must be able to show that the defendant(s), at
the time of the claims alleged in the second amended complaint, were acting under the authority
or color of state law.
C.
Parties
As the person initiating the lawsuit, Plaintiff must identify himself as such. Also, for
each defendant named in the second amended complaint, Plaintiff should list their current
address and description of their employment. In addition, Plaintiff should explain briefly how or
in what capacity each defendant acted under authority given to them by state or local
government.
D.
Statement of Claim
Plaintiff must state what rights under the Constitution, laws, or treaties of the United
States have been violated. It is improper for Plaintiff to merely list constitutional rights or
federal rights. Plaintiff must provide a description of how the defendant(s) violated his rights.
E.
Statement of Facts
Plaintiff must provide specific details of precisely how his civil rights were allegedly
violated. Plaintiff should note that, in civil rights cases, more than conclusory and vague
allegations are required to state a cause of action under 42 U.S.C. § 1983. Plaintiff should
of respondeat superior.” Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988) (citing
Parratt v. Taylor, 451 U.S. 527, 437 n.3 (1981)).
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clearly describe how each named defendant is involved in the alleged constitution violation(s).
This description should include references to relevant dates, times, and locations. It should
explain to the Court what happened by specifically describing each defendant’s behavior or
action and how that behavior or action – or lack of action – resulted in the alleged violations.
Plaintiff should not include legal argument in his amended complaint. Citations to case law and
other statutes are not appropriate in the complaint, but rather may be included in a response to a
dispositive motion or at the time of trial. However, Plaintiff should be specific about the
particulars of the event, each defendant’s misconduct, and how such misconduct resulted in a
violation or denial of the civil right at issue.
Where the second amended complaint includes more than one incident, Plaintiff should
clearly distinguish between them by preparing a separate description – usually a paragraph – for
each incident. Each incident should be identified as a separate count, and each count must
include appropriate facts and evidence in support of the claims made in the count. Each incident
must be clearly and specifically described; it should include the relevant time, date, and location.
Each incident description also should clearly identify the relevant defendant and what that
defendant’s role was in the incident.
NOTE: THIS SECTION SHOULD NOT BE JUST A CHRONOLOGIAL LIST OF
DATES WITH DESCRIPTIONS AS TO WHAT HAPPENED TO PLAINTIFF ON EACH
DATE.
F.
Injury
Plaintiff must state as specifically as possible the actual injury suffered from the action of
the defendants that resulted in the alleged civil rights violation. Simply stating that his civil
rights have been violated is insufficient.
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G.
Previous Lawsuits
Plaintiff must alert the Court to any other case in which he was a party that may be
connected with the case he is now filing. Plaintiff should inform the Court of any and all
previously filed cases that include some of the same facts and events he relies on for this case.
H.
Exhaustion of Administrative Remedies
Plaintiff should be aware that under 42 U.S.C. § 1997e(a), he must fully exhaust all
available administrative remedies before pursuing a civil rights complaint concerning prison
conditions.
I.
Request for Relief
Plaintiff must describe for the Court the relief he is seeking as a result of this lawsuit.
The relief requested must be related specifically to the injury suffered. However, Plaintiff should
be aware that 42 U.S.C. § 1997e(e) limits a prisoner’s ability to pursue a federal civil action for
mental or emotional injuries suffered while in custody.
J.
Declaration Under Penalty of Perjury
Plaintiff must sign his amended complaint and file it with the Clerk of the Court. When
doing so, Plaintiff is making a declaration under law to the Court that everything in the amended
complaint is true. Plaintiff should realize that the Court can order sanctions or penalties for the
filing of complaints and pleadings that are frivolous, without merit, based on false or misleading
information, etc. These sanctions or penalties can take many forms including, but not limited to,
dismissing the case, assessing fines, and limiting Plaintiff’s filing privileges in federal court.
AND NOW, this 30th day of October, 2015;
IT IS HEREBY ORDERED that Defendants’ Motion for More Definite Statement
(ECF No. 25) is GRANTED.
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IT IS FURTHER ORDERED that Plaintiff’s Motion to Amend his Complaint (ECF
No. 27) is GRANTED.
AND IT IS FURTHER ORDERED that Plaintiff shall amend his complaint as
described herein and file it with the Court within twenty-one (21) days of the date of this Order.
Plaintiff shall clearly mark his complaint “Second Amended Complaint”. The second amended
complaint must include all of Plaintiff’s claims in this action and should not refer back to the
original or first amended complaints. If Plaintiff fails to comply with this Order then the
undersigned will recommend that this action be dismissed for his failure to prosecute.
/s/ Lisa Pupo Lenihan
Lisa Pupo Lenihan
United States Magistrate Judge
cc: Raphael Moses Spearman
KK2947
301 Institution Dr.
Bellefonte, PA 16823
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