LISA PUPO LENIHAN, Magistrate Judge.
Pending before the Court is a Motion to Amend Complaint (ECF No. 48) that Plaintiff filed in response to this Court's Order granting him leave to file an amended complaint. After reviewing the Motion to Amend Complaint, the Court finds that Plaintiff has failed to comply with the instructions in the Court's Order dated May 13, 2016. Plaintiff's proposed amended complaint is really a supplement to his original complaint, which the Court specifically said he could not file. Plaintiff was told that he could file an amended complaint, which is a "stand-alone document without reference to any other document filed in this matter." Instead, Plaintiff filed an additional claim against additional defendants while still relying on his original complaint. The Court specifically denied him leave to do just that. Therefore, the Court will deny Plaintiff's Motion to Amend Complaint and strike his proposed amended complaint. Plaintiff will be given one last chance to comply with the Court's instructions to file a complete amended complaint. If he fails to comply with this Order then the Court will consider dismissing this case. In filing an amended complaint, Plaintiff shall comply with the following instructions.
Plaintiff must place his full name at the top of the amended complaint. Plaintiff must also add the names of
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 amended complaint, were acting under the authority or color of state law.
As the person initiating the lawsuit, Plaintiff must identify himself as such. Also, for
Furthermore, Plaintiff must comply with
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.
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 clearly describe how
Where the 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.
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.
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.
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.
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.
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.
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