Finch v. Graham et al

Filing 12

SECOND ORDER TO AMEND OR SHOW CAUSE by Judge J Richard Creatura. Noting Date 7/24/2015. (Attachments: # 1 Complaint Form) ***7 PAGES, PRINT ALL***(MET)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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EMANUEL L FINCH SR,

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Plaintiff,

CASE NO. 3:15-CV-05305-RBL-JRC
SECOND ORDER TO AMEND OR
SHOW CAUSE

v.
BRADLEY GRAHAM, CYNTHIA
BROOKS, JOE SOFIA,

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Defendants.
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The District Court has referred this 42 U.S.C. § 1983 civil rights action to United States
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Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), and local
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Magistrate Judge Rules MJR1, MJR3 and MJR4.
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The Court granted plaintiff in forma pauperis status May 11, 2015 (Dkt. 5) and plaintiff
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filed his complaint on the same date (Dkt. 6). After the Court’s initial review of plaintiff’s
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complaint, the Court issued an order to file an amended complaint on or before June 26, 2015
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(Dkt. 7). The Court informed plaintiff that he had not named a defendant against whom he can
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maintain a civil rights action (id.). Plaintiff filed an amended complaint (Dkt. 8) and opening
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SECOND ORDER TO AMEND OR SHOW CAUSE
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1 brief (Dkt. 10). Plaintiff then filed a response to the Court’s order to show cause (Dkt. 11).
2 These three pleadings appear to overlap in allegations and facts. The Court orders that plaintiff
3 file one amended complaint on the proper Court form that includes all facts, allegations, and
4 authority. Plaintiff should complete all sections of the Court’s form. The amended complaint
5 must be legibly written or retyped in its entirety. Plaintiff may attach continuation pages as
6 needed but may not attach a separate document that purports to be his amended complaint.
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Furthermore, the Court may dismiss a complaint at any time if the action fails to state a

8 claim, raises frivolous or malicious claims, or seeks monetary relief from a defendant who is
9 immune from such relief. See 28 U.S.C. § 1915(e)(2)(B). If plaintiff is seeking monetary
10 damages relating to his arrest or conviction, he must prove that the conviction or sentence has
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12 authorized to make such a determination, or called into question by a federal court’s issuance of
13 a writ of habeas corpus, 28 U.S.C. § 2254. Heck v. Humphrey, 512 U.S. 477, 486-87 (1994).
14 Plaintiff does not allege in his amended complaint or opening brief that his conviction or
15 sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a
16 state tribunal authorized to make such determination or called into question by a federal court’s
17 issuance of a writ of habeas corpus. Thus, he must show cause why this claim should not be
18 dismissed.
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The Court orders that plaintiff file the amended complaint on or before July 24, 2015.

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Dated this 29th day of June, 2015.

A

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J. Richard Creatura
United States Magistrate Judge

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SECOND ORDER TO AMEND OR SHOW CAUSE
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