Alexander v. Washington County et al

Filing 4

MEMORANDUM OPINION AND ORDER: 1. Plaintiff's motion for leave to proceed in forma pauperis [Doc. 1 ] is GRANTED. Plaintiff will be ASSESSED the civil filing fee of $350.00 ; The custodian of Plaintiffs inmate trust a ccount is DIRECTED to submit the filing fee to the Clerk in the manner set forth above; The Clerk is DIRECTED to mail a copy of this Memorandum Opinion and Order to the custodian of inmate accounts at the institution where Plaintiff is now confin ed and the Court's financial deputy; Plaintiff is ORDERED to submit an amended complaint in accordance with the directives above within twenty-one (21) days of entry of this Order. The Clerk is DIRECTED to send Plaintiff a § 1983 form for this purpose; Signed by District Judge Thomas A Varlan on 5/8/2024. (BJL)*Mailed this order and a 1983 Complaint form to Philemon Alexander 136032 and a copy of this order to the custodian of inmate accounts at WASHINGTON COUNTY DETENTION CENTER PO BOX 97 JONESBOROUGH, TN 37659.*Sent ad hoc to the Court's Financial Deputy Clerks. Modified on 5/8/2024 (BJL).

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE PHILEMON ALEXANDER, Plaintiff, v. WASHINGTON COUNTY, et al., Defendants. ) ) ) ) ) ) ) ) ) No.: 2:24-CV-68-TAV-CRW MEMORANDUM OPINION AND ORDER Plaintiff, a prisoner in the Washington County Detention Center, has filed a pro se civil rights action under 42 U.S.C. § 1983 [Doc. 2] and motion for leave to proceed in forma pauperis [Doc. 1]. For the reasons set forth below, the Court will GRANT Plaintiff’s motion and ORDER him to file an amended complaint. I. MOTION TO PROCEED IN FORMA PAUPERIS It appears from Plaintiff’s motion [Doc. 1] that he lacks sufficient financial resources to pay the filing fee in a lump sum. Accordingly, pursuant to 28 U.S.C. § 1915, this motion will be GRANTED. Plaintiff will be ASSESSED the civil filing fee of $350.00. The custodian of Plaintiff’s inmate trust account will be DIRECTED to submit to the Clerk, U.S. District Court, 220 West Depot Street, Suite 200, Greeneville, Tennessee 37743 twenty percent (20%) of Plaintiff’s preceding monthly income (or income credited to Plaintiff’s trust account for the preceding month), but only when such monthly income exceeds ten dollars ($10.00), until the full filing fee of three hundred fifty dollars ($350.00) as authorized under 28 U.S.C. § 1914(a) has been paid to the Clerk. 28 U.S.C. § 1915(b)(2). To ensure compliance with this fee-collection procedure, the Clerk will be DIRECTED to mail a copy of this Memorandum Opinion and Order to the custodian of inmate accounts at the institution where Plaintiff is now confined. The Clerk will also be DIRECTED to furnish a copy of this Order to the Court’s financial deputy. This Order shall be placed in Plaintiff’s prison file and follow him if he is transferred to another correctional institution. II. REVIEW OF PLAINTIFF’S COMPLAINT The Federal Rules of Civil Procedure require that a complaint contain “a short and plain statement of the claim” supported by allegations that are “simple, concise, and direct.” Fed. R. Civ. P. 8(a), (d). Plaintiff’s 184-page complaint contravenes this rule. Specifically, Plaintiff’s complaint is filled with citations to case law and legal arguments, it lacks a clear timeline of events, and it contains exhibit documents of uncertain relevance [See generally Doc. 2]. Additionally, the recitation of facts is redundant for numerous Defendants, and portions of the complaint are illegible [Id.]. Therefore, within twenty-one (21) days of entry of this Order, Plaintiff is ORDERED to file a single, comprehensive complaint, not exceeding twenty (20) pages in length, that sets forth (1) the facts (i.e., the who, what, when, where) supporting his belief that he was wronged, (2) the constitutional claim he is asserting based on that alleged wrongdoing, (3) the individual(s) responsible, (4) any injury that resulted, and (5) the relief sought. Plaintiff should avoid legal citations and arguments in his amended complaint. 2 And, for clarity, Plaintiff should attempt to group his claims and the facts supporting them to avoid repetitive allegations for each Defendant to which those claims and facts might apply. Plaintiff is NOTIFIED that if he does not file the amended complaint by the deadline, the Court will DISMISS his complaint for failure to prosecute and comply with an order of the Court. Additionally, Plaintiff is NOTIFIED that this amended complaint will be the sole operative complaint that the Court considers, and therefore, it must be complete in and of itself and must not refer to any previously filed allegations or pleadings. The Clerk is DIRECTED to mail Plaintiff a § 1983 form for this purpose. Finally, Plaintiff is ORDERED to immediately inform the Court and Defendants or their counsel of record of any address changes in writing. Pursuant to Local Rule 83.13, it is the duty of a pro se party to promptly notify the Clerk and the other parties to the proceedings of any change in his or her address, to monitor the progress of the case, and to prosecute or defend the action diligently. E.D. Tenn. L.R. 83.13. Failure to provide a correct address to this Court within fourteen (14) days of any change in address may result in the dismissal of this action. III. CONCLUSION For the reasons set forth above: 1. Plaintiff’s motion for leave to proceed in forma pauperis [Doc. 1] is GRANTED; 2. The custodian of Plaintiff’s inmate trust account is DIRECTED to submit the filing fee to the Clerk in the manner set forth above; 3 3. The Clerk is DIRECTED to mail a copy of this Memorandum Opinion and Order to the custodian of inmate accounts at the institution where Plaintiff is now confined and the Court’s financial deputy; 4. Plaintiff is ORDERED to submit an amended complaint in accordance with the directives above within twenty-one (21) days of entry of this Order. The Clerk is DIRECTED to send Plaintiff a § 1983 form for this purpose; 5. If Plaintiff fails to timely submit an amended complaint, this action will be dismissed for failure to prosecute and comply with an Order of the Court; and 6. Plaintiff must immediately inform the Court and Defendants or their counsel of record of any address changes in writing. Pursuant to Local Rule 83.13, it is the duty of a pro se party to promptly notify the Clerk and the other parties to the proceedings of any change in his address, to monitor the progress of the case, and to prosecute or defend the action diligently. E.D. Tenn. L.R. 83.13. Failure to provide a correct address to this Court within fourteen (14) days of any change in address may result in the dismissal of this action. IT IS SO ORDERED. s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?