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    Hansel v. Houston County Jail Et Al (INMATE2) - Document No. 3

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    ORDER directing plaintiff to file an amended complaint, as further set out, on a form for use in filing a 42 U.S.C.

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    Hansel v. Houston County Jail Et Al (INMATE2) - Document No. 3

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    ORDER directing plaintiff to file an amended complaint, as further set out, on a form for use in filing a 42 U.S.C.

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    Hansel v. Houston County Jail et al (INMATE2) - Document No. 3

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    ORDER directing plaintiff to file an amended complaint, as further set out, on a form for use in filing a 42 U.S.C.

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    100 views3 pages

    Hansel v. Houston County Jail Et Al (INMATE2) - Document No. 3

    Uploaded by

    Justia.com
    ORDER directing plaintiff to file an amended complaint, as further set out, on a form for use in filing a 42 U.S.C.

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
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    Hansel v. Houston County Jail et al (INMATE2) Doc.

    3
    Case 1:07-cv-00892-WKW-TFM Document 3 Filed 10/09/2007 Page 1 of 3

    IN THE UNITED STATES DISTRICT COURT


    FOR THE MIDDLE DISTRICT OF ALABAMA
    SOUTHERN DIVISION
    ____________________________

    DANNY RAY HANSEL *

    Plaintiff, *

    v. * 1:07-CV-892-WKW
    (WO)
    HOUSTON COUNTY JAIL, et al., *

    Defendants. *
    ____________________________

    ORDER

    This case is presently pending before the court on a complaint filed by Danny Hansel,

    an inmate incarcerated in the Houston County Jail. A thorough review of this complaint

    indicates that although Plaintiff lists six defendants in this cause of action, including Jail

    Commander Keith Reed, Jason Smoeke, Ashley Kennedy, Gail Medinigar, and Officer

    Smith, the complaint consists merely of general conclusions of constitutional violations and

    fails to identify factual allegations material to specific counts lodged against the named

    defendants with respect to any violations of Plaintiff’s constitutional rights.

    “This type of pleading completely disregards Rule 10(b)'s requirement that discrete

    claims should be plead in separate counts, see Anderson v. Dist. Bd. of Tr., 77 F.3d 364-366-

    67 (11th Cir. 1996), and is the type of complaint that [has been] criticized time and again.”

    Magluta v. Samples, 256 F.3d 1282, 1284 (11th Cir. 2001). Accordingly, the court deems it

    appropriate to require Plaintiff to amend his complaint to re-plead a complaint that respects

    Dockets.Justia.com
    Case 1:07-cv-00892-WKW-TFM Document 3 Filed 10/09/2007 Page 2 of 3

    the requirements of Rule 8, F.R.Civ.P., and the heightened pleading requirement for such

    cases as well as to correct the deficiencies noted herein.

    Accordingly, it is

    ORDERED that on or before October 23, 2007 Plaintiff shall file an amended

    complaint on a form for use in filing a 42 U.S.C. § 1983 complaint. See Local Rule 9.1

    (requiring pro se litigants to utilize court's forms). The amended complaint filed in

    compliance with this order shall supersede the original complaint. This means that Plaintiff

    shall no longer rely on the original complaint and this case will proceed only on those claims

    raised and against those defendants named in the amended complaint filed in accordance with

    the order.

    It is further

    ORDERED that on or before October 23, 2007 Plaintiff shall file a complaint which:

    1. Presents specific claims relative to actions taken against him by properly

    identified defendants and lists these claims in separate counts;

    2. Asserts with clarity those factual allegations that are material to each specific count

    against the named defendant(s);

    3. Describes how each named defendant violated his constitutional rights; and

    4. States the precise relief he seeks from this court.

    Plaintiff is hereby advised that the amendment to his complaint must set forth short

    and plain statements showing why he is entitled to relief and be specific enough to put each

    defendant on notice of how their conduct allegedly violated Plaintiffs’ constitutional rights

    2
    Case 1:07-cv-00892-WKW-TFM Document 3 Filed 10/09/2007 Page 3 of 3

    and should contain only claims relative to actions taken against him by the named

    defendants. Each allegation in the pleading should be simple, concise and direct. See Rule

    8, Federal Rules of Civil Procedure. Plaintiff is further advised that his failure to timely and

    properly comply with the directives contained in this order will result in a Recommendation

    that this action be dismissed.

    The Clerk is DIRECTED to send Plaintiff a form for use in filing a complaint under

    42 U.S.C. § 1983 to assist him in complying with the directives contained herein.

    Done, this 9th day of October 2007.

    /s/ Terry F. Moorer


    TERRY F. MOORER
    UNITED STATES MAGISTRATE JUDGE

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