Opinion
Civil Action No. 07-cv-02329-BNB.
December 12, 2007
ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT
Plaintiff is a prisoner in the custody of the United States Bureau of Prisons at the United States Penitentiary, Administrative Maximum, at Florence, Colorado. Plaintiff has filed pro se a Prisoner Complaint pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics , 403 U.S. 388 (1971). The court must construe the complaint liberally because Plaintiff 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 (10th Cir. 1991). However, the court should not be the pro se litigant's advocate. See Hall , 935 F.2d at 1110. For the reasons stated below, Plaintiff will be ordered to file an amended complaint.
The court has reviewed Plaintiff's complaint and finds that it is deficient because, although Plaintiff lists seven Defendants in the caption of the complaint, he lists only three Defendants in Section A of the complaint, the section that describes the parties to the action. As a result, it is not clear who is being sued. Furthermore, Plaintiff fails to provide an address for each Defendant listed in Section A of the complaint.
In addition, the complaint fails to 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 (10th Cir. 1989). The requirements of Fed.R.Civ.P. 8 are designed to meet these purposes. See TV Communications Network, Inc. v. ESPN, Inc. , 767 F. Supp. 1062, 1069 (D. Colo. 1991), aff'd , 964 F.2d 1022 (10th Cir. 1992). Specifically, Rule 8(a) provides that a complaint "shall contain (1) a short and plain statement of the grounds upon which the court's jurisdiction depends, . . . (2) a short and plain statement of the claim showing that the pleader is entitled to relief, and (3) a demand for judgment for the relief the pleader seeks." The philosophy of Rule 8(a) is reinforced by Rule 8(e)(1), which provides that "[e]ach averment of a pleading shall be simple, concise, and direct." Taken together, Rules 8(a) and (e)(1) underscore the emphasis placed on clarity and brevity by the federal pleading rules. Prolix, vague, or unintelligible pleadings violate the requirements of Rule 8.
Plaintiff fails to set forth a short and plain statement of his claims showing that he is entitled to relief. Instead of providing a short and plain statement of the two claims for relief he is asserting, Plaintiff makes various allegations in different parts of the complaint, including in the caption, and apparently expects the court to link those allegations with the claims being asserted in this action. That is not the court's responsibility. Therefore, Plaintiff will be directed to file an amended complaint that complies with the pleading requirements of Rule 8. In order for Plaintiff to state a claim in federal court, his amended "complaint must explain what each defendant did to him or her; when the defendant did it; how the defendant's action harmed him or her; and, what specific legal right the plaintiff believes the defendant violated." Nasious v. Two Unknown B.I.C.E. Agents , 492 F.3d 1158, 1163 (10th Cir. 2007). Accordingly, it is
ORDERED that Plaintiff file within thirty (30) days from the date of this order an original and a copy of an amended complaint that complies with this order. It is
FURTHER ORDERED that the clerk of the court mail to Plaintiff, together with a copy of this order, two copies of the following form: Prisoner Complaint. It is
FURTHER ORDERED that, if Plaintiff fails to file an original and sufficient copies of an amended complaint that complies with this order to the court's satisfaction within the time allowed, the action will be dismissed without further notice.