Opinion
Civil Action No. 05-cv-01861-OES.
November 7, 2005
ORDER DIRECTING PLAINTIFF TO FILE SECOND AMENDED COMPLAINT
Plaintiff Roger Scott Blackburn is a prisoner in the custody of the Colorado Department of Corrections at the Skyline Correctional Center at Canon City, Colorado. Mr. Blackburn initiated this action by filing pro se a Prisoner Complaint pursuant to 42 U.S.C. § 1983 alleging that Defendants violated his rights under the United States Constitution. On October 19, 2005, Mr. Blackburn filed an amended Prisoner Complaint. The court must construe the amended complaint liberally because Mr. Blackburn is representing himself. 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, Mr. Blackburn will be ordered to file a second amended complaint.
The court has reviewed the amended complaint filed in this action and finds that it is deficient. Mr. Blackburn alleges in the amended complaint that his rights were violated while he was held for ninety-three days on a Colorado detainer in a county jail in Webb County, Texas. He seeks money damages as relief. It is not clear why Mr. Blackburn has filed this action in this court rather than a court in Texas. It also is not clear why or for what conduct Mr. Blackburn is suing the named Defendants. It appears that his claims against the State of Texas are barred by the Eleventh Amendment, see Will v. Michigan Dep't of State Police, 491 U.S. 58, 66 (1989), and he fails to allege facts to establish municipal liability on the part of Webb County, see City of Canton, Ohio v. Harris, 489 U.S. 378, 385 (1989). Therefore, Mr. Blackburn will be ordered to file an amended complaint that clarifies his claims if he wishes to pursue those claims in this action. Accordingly, it is
ORDERED that Mr. Blackburn file within thirty (30) days from the date of this order a second amended complaint that complies with this order. It is
FURTHER ORDERED that the clerk of the court mail to Mr. Blackburn, together with a copy of this order, two copies of the following forms: Prisoner Complaint. It is
FURTHER ORDERED that, if Mr. Blackburn fails within the time allowed to file an original and sufficient copies of a second amended complaint that complies with this order to the court's satisfaction, the action will be dismissed without further notice.