CRAIG B. SHAFFER, Magistrate Judge.
Plaintiff, Marion Ornestus Harper, III, has filed pro se an amended Complaint (ECF No. 5). The court must construe the amended Complaint liberally because Mr. Harper is not represented by an attorney. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v. Bellmon, 935 F.2d 1106, 1110 (10
The Complaint is deficient because it is not clear who Mr. Harper is suing. Mr. Harper lists various individuals and entities as Defendants in the caption of the amended Complaint that are not listed as Defendants in the body of the amended Complaint, and he makes allegations against various individuals in the body of the amended Complaint who are not listed as Defendants in the caption of the amended Complaint. Pursuant to Rule 10(a) of the Federal Rules of Civil Procedure, "[t]he title of the complaint must name all the parties." Furthermore, regardless of who Mr. Harper names as Defendants, he must provide a complete address for each named Defendant so that they may be served properly.
The Complaint also is deficient because it does not comply with the pleading requirements of Rule 8 of the Federal Rules of Civil Procedure. The twin purposes of a complaint are to give the opposing parties fair notice of the basis for the claims against them so that they may respond and to allow the court to conclude that the allegations, if proven, show that the plaintiff is entitled to relief. See Monument Builders of Greater Kansas City, Inc. v. American Cemetery Ass'n of Kansas, 891 F.2d 1473, 1480 (10
Mr. Harper indicates he is asserting federal claims pursuant to 42 U.S.C. § 1983. However, he fails to provide a short and plain statement of any federal claims showing he is entitled to relief because he fails to identify the specific federal claims he is asserting, the specific factual allegations that support each claim, against which Defendant or Defendants he is asserting each claim, and what each Defendant did that allegedly violated his rights. See Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158, 1163 (10
The general rule that pro se pleadings must be construed liberally has limits and "the court cannot take on the responsibility of serving as the litigant's attorney in constructing arguments and searching the record." Garrett v. Selby Connor Maddux & Janer, 425 F.3d 836, 840 (10
For these reasons, Mr. Harper must file a second amended complaint if he wishes to pursue his claims in this action. Section 1983 "provides a federal cause of action against any person who, acting under color of state law, deprives another of his federal rights." Conn v. Gabbert, 526 U.S. 286, 290 (1999). Therefore, Mr. Harper should name as Defendants only those persons he contends actually violated his federal rights while acting under color of state law. Mr. Harper may not include claims in his second amended complaint against a county or other municipality unless he can demonstrate he suffered an injury caused by a municipal policy or custom. See Schneider v. City of Grand Junction Police Dept., 717 F.3d 760, 769-71 (10
ORDERED that Mr. Harper file,
FURTHER ORDERED that Mr. Harper shall obtain the appropriate court-approved Complaint form, along with the applicable instructions, at
FURTHER ORDERED that, if Mr. Harper fails within the time allowed to file a second amended complaint that complies with this order as directed, the action will be dismissed without further notice.