Norton v. State of Utah et al

Filing 33

ORDER and MEMORANDUM DECISION; Denying 31 Motion for Service of Process (Prisoner); Denying 32 Motion to Appoint Counsel; Plaintiff must within thirty days cure the Amended Complaint's deficiencies. The Clerks Office shall mail Plaintiff a copy of the Pro Se Litigant Guide with a form complaint for Plaintiff to use should he choose to file another amended complaint. Signed by Judge Clark Waddoups on 08/18/2016. (kpf)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH LONNIE NORTON, Plaintiff, ORDER & MEMORANDUM DECISION v. Case No. 2:14-CV-874-CW HEATHER BLANCO et al., Defendants. District Judge Clark Waddoups Plaintiff, inmate Lonnie Norton, filed this pro se civil rights suit, see 42 U.S.C.S. § 1983 (2016), in forma pauperis, see 28 id. § 1915. The Court now screens his Amended Complaint and orders Plaintiff to file a second amended complaint to cure deficiencies before further pursuing his claims. Deficiencies in Amended Complaint Amended Complaint: (a) does not state an affirmative link between any of the named defendants and the alleged violation of his constitutional right to be free of excessive bail—i.e., none of these defendants set bail. (b) has claims appearing to be based on conditions of current confinement; however, the complaint was apparently not submitted using the legal help Plaintiff is entitled to by his institution under the Constitution. See Lewis v. Casey, 518 U.S. 343, 356 (1996) (requiring prisoners be given "'adequate law libraries or adequate assistance from persons trained in the law' . . . to ensure that inmates . . . have a reasonably adequate opportunity to file nonfrivolous legal claims challenging their convictions or conditions of confinement") (quoting Bounds v. Smith, 430 U.S. 817, 828 (1977) (emphasis added)). Instructions to Plaintiff Rule 8 of the Federal Rules of Civil Procedure requires a complaint to contain "(1) a short and plain statement of the grounds for the court's jurisdiction . . .; (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought." Rule 8's requirements mean to guarantee "that defendants enjoy fair notice of what the claims against them are and the grounds upon which they rest." TV Commc'ns Network, Inc. v ESPN, Inc., 767 F. Supp. 1062, 1069 (D. Colo. 1991). Pro se litigants are not excused from complying with these minimal pleading demands. "This is so because a pro se plaintiff requires no special legal training to recount the facts surrounding his alleged injury, and he must provide such facts if the court is to determine whether he makes out a claim on which relief can be granted." Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). Moreover, it is improper for the Court "to assume the role of advocate for a pro se litigant." Id. Thus, the Court cannot "supply additional facts, [or] construct a legal theory for plaintiff that assumes facts that have not been pleaded." Dunn v. White, 880 F.2d 1188, 1197 (10th Cir. 1989). Plaintiff should consider the following points before refiling his complaint. First, the revised complaint must stand entirely on its own and shall not refer to, or incorporate by reference, any portion of the original complaint. See Murray v. Archambo, 132 F.3d 609, 612 (10th Cir. 1998) (stating amended complaint supersedes original). Second, the complaint must clearly state what each defendant--typically, a named government employee--did to violate Plaintiff's civil rights. See Bennett v. Passic, 545 F.2d 1260, 1262-63 (10th Cir. 1976) (stating personal participation of each named defendant is 2 essential allegation in civil-rights action). "To state a claim, a complaint must 'make clear exactly who is alleged to have done what to whom.'" Stone v. Albert, No. 08-2222, slip op. at 4 (10th Cir. July 20, 2009) (unpublished) (emphasis in original) (quoting Robbins v. Oklahoma, 519 F.3d 1242, 1250 (10th Cir. 2008)). Third, Plaintiff cannot name an individual as a defendant based solely on his or her supervisory position. See Mitchell v. Maynard, 80 F.2d 1433, 1441 (10th Cir. 1996) (stating supervisory status alone does not support § 1983 liability). ORDER IT IS HEREBY ORDERED that: (1) Plaintiff’s motion for service of process is DENIED. (See Docket Entry # 31.) (2) Plaintiff must within thirty days cure the Amended Complaint’s deficiencies. (3) The Clerk's Office shall mail Plaintiff a copy of the Pro Se Litigant Guide with a form complaint for Plaintiff to use should he choose to file another amended complaint. (4) Plaintiff’s second motion for appointed counsel, (see Docket Entry # 32), is DENIED, for the same reasons his first motion was denied in an earlier order, (see Docket Entry # 5). DATED this 18th day of August, 2016. BY THE COURT: CLARK WADDOUPS United States District Judge 3

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