Opinion
Case No. CV03-468-S-LMB
November 12, 2003
ORDER
Plaintiff's Complaint was conditionally Filed on October 29, 2003. The Court now reviews the Complaint to determine whether summary dismissal is appropriate. See 28 U.S.C. § 1915(e) and 1915A, The Court also reviews Plaintiff's other pending motions. Having reviewed the record, and otherwise being fully informed, the Court enters the following Order.
I REVIEW OF COMPLAINT
A. BackgroundPlaintiff contends that Defendant Heinrich, the Valley County Clerk of Court, violated his civil rights in the following ways: (1) by ignoring his requests to furnish him with copies of the Clerk's record in his criminal and post-conviction cases; (2) by failing to send him a complete record; (3) by sending him fraudulent exhibits in the criminal cases; and (4) by refusing to give him the name or address of the pre-sentence investigator in his case. He seeks damages and injunctive relief.
B. Applicable Law and Discussion
The Court is required to review prisoner and in forma pauperis complaints seeking relief against a governmental entity or an officer or employee of a governmental entity to determine whether summary dismissal is appropriate, 28 U.S.C. § 1915(e) and 1915A, The Court must dismiss a complaint or any portion thereof which states a frivolous or malicious claim, which fails to state a claim upon which relief may be granted, or which seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B); 28 U.S.C. § 1915A.
Plaintiff has not supplied enough factual information to enable the Court to determine whether his Complaint may proceed. Plaintiff is advised that his case may be barred by Younger v. Harris, 401 U.S. 37 (1971) (prohibiting federal courts from interfering in criminal matters still pending in state court). His claims for damages may also be barred by Heck v, Humphrey, 512 U.S. 477 (1994), which prohibits actions for damages on any theory that would imply the invalidity of a conviction or sentence which has not been reversed.
Plaintiff shall be given leave to submit an Amended Complaint. The Court provides Plaintiff with the following instructions for amendment.
Plaintiff must inform the Court of the following facts: (1) whether Plaintiff's criminal case, post-conviction case, or any other case related to his state criminal conviction is pending in state court; (2) the outcome of Plaintiff's cases, if completed; (3) the injury or harm that has resulted from each of Defendant's alleged wrongdoings; (4) Plaintiff's purpose in obtaining the documents and in obtaining the name and address of the pre-sentence investigator; (5) whether Plaintiff was represented by counsel at the time he requested the documents; and (6) whether Plaintiff was proceeding in forma pauperis, or whether there was a Court order in effect allowing the Clerk to provide free copies to Plaintiff; (7) a description of the "important items" not included in the Clerk's record; (8) a description and a copy of the "fraudulent records" received from the Clerk; and (9) a description of any efforts Plaintiff has made to seek redress or obtain the records in the state court, and the results of those efforts, including copies of any state court orders addressing the subject matter of this Complaint.
Furthermore, Plaintiff's Amended Complaint must contain all of his allegations in a single pleading, and cannot rely upon or incorporate by reference prior pleadings. D. Idaho L. Civ. R. 15.1 ("Any amendment to a pleading, whether filed as a matter of course or upon a motion to amend, shall reproduce the entire pleading as amended"). Plaintiff shall set forth each different factual allegation in a separate numbered paragraph. The Amended Complaint must be legibly written or typed in its entirety, and it should be clearly designated as the "Amended Complaint."
The Court will presently deem Plaintiff's Motion to Proceed in Forma Pauperis and request for appointment of counsel, contained in the Complaint, moot. The Court shall reconsider these requests on its own motion if Plaintiff files an Amended Complaint. Plaintiff may also file a "Notice of Voluntary Dismissal" if he no longer wishes to pursue his claims,
II. ORDER
NOW THEREFORE IT IS HEREBY ORDERED as follows:
A. Paintiff's Motion to Proceed in Forma Pauperis (Docket No. 1) is MOOT.
B. Paintiff's request for appointment of counsel, contained in the Complaint (Docket No, 3) is MOOT.
C. Paintiff shall have thirty (30) days after entry of this Order within which to file an "Amended Complaint" containing adequate factual information about his claims and to provide copies of relevant exhibits as described herein above.
Alternatively, Plaintiff may file a "Notice of Voluntary Dismissal."