Eakle v. Tennis

Full title: CHARLIE EAKLE, Plaintiff, v. FRANKLIN TENNIS, et al., Defendants

Court: United States District Court, M.D. Pennsylvania

Date published: Dec 10, 2007

CIVIL NO. 4:CV-07-0725 (M.D. Pa. Dec. 10, 2007)

Opinion

CIVIL NO. 4:CV-07-0725.

December 10, 2007

MEMORANDUM AND ORDER

JOHN JONES III, District Judge

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

Plaintiff Charlie Eakle ("Plaintiff"), currently an inmate at the State Correctional Institution in Graterford, Pennsylvania, commenced this pro se action by filing a Complaint (doc. 1) pursuant to the provisions of 42 U.S.C. § 1983.

On May 11, 2007, the Court issued an Order (doc. 6) affording Plaintiff an opportunity to file an Amended Complaint within twenty (20) days. The Court subsequently granted Plaintiff's Motion for an enlargement of time in which to file his Amended Complaint, and on June 28, 2007, the Amended Complaint (doc. 9) was filed.

For the reasons that follow, Plaintiff's Amended Complaint will be dismissed for failure to comply with the Federal Rules of Civil Procedure, and Plaintiff will be given one final opportunity to file an Amended Complaint.

DISCUSSION:

Pro se parties are accorded substantial deference in federal court, and their pleadings are construed liberally. Haines v. Kerner, 404 U.S. 519 (1972); Hughes v. Rowe, 449 U.S. 5, 9 (1980). They are not, however, free to ignore the Federal Rules of Civil Procedure. Although there is no heightened pleading standard in § 1983 cases,¹ a § 1983 complaint must bear some relation to the rules.

1 See Leatherman v. Tarrant County Narcotics Unit, 507 U.S. 163 (1993). The United States Supreme Court rejected a heightened pleading standard, noting that a § 1983 complaint need only comply "with the liberal system of `notice pleading' set up by the Federal Rules." Id. at 167. See also Swierkiewicz v. Sorema N.A., 534 U.S. 506, 513 (2002) (noting that "Rule 8(a)'s simplified pleading standard applies to all civil actions. . . .").

Plaintiff's Amended Complaint fails to comply with Federal Rule of Civil Procedure 10(a), which requires that, in the complaint, the title of the action shall include the names of all of the parties. See Fed.R.Civ.P. 10(a). Not only are the names of Defendants not included in the title of the action, they are not listed anywhere else in the Amended Complaint. The Amended Complaint contains allegations against various individuals without clarifying which individuals are intended to be named as Defendants to this action.

To the extent that Plaintiff intended to name as Defendants the individuals against whom he makes allegations in the Amended Complaint, Plaintiff's Amended Complaint also fails to comply with Federal Rule of Civil Procedure 20. That Rule, entitled Permissive Joinder of Parties, reads, in pertinent part:

(2) Persons . . . may be joined in one action as defendants if:

(A) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and

(B) any question of law or fact common to all defendants will arise in the action.

(3) Neither a plaintiff nor a defendant need be interested in obtaining or defending against all the relief demanded. The court may grant judgment to one or more plaintiffs according to their rights, and against one or more defendants according to their liabilities.

Fed.R.Civ.P. 20(a).²

2 As the Order of the Supreme Court adopting and amending the Rules indicates that the December 1, 2007 amendments "shall govern all proceedings thereafter commenced and, insofar as just and practicable, all proceedings then pending," and as the 2007 Amendment to Rule 20 was intended to be stylistic only, the current text of the Rule applies. See The Order of the United States Supreme Court Adopting and Amending the Federal Rules of Civil Procedure (Apr. 30, 2007). See also Petrucelli v. Bohringer Ratzinger, 46 F.3d 1298, (3d Cir. 1995) (applying 1993 Amendment to action initiated prior thereto).

The Amended Complaint contains allegations against multiple individuals, located at four different state correctional institutions. Further, it contains numerous claims spanning a four and a half year period, which concern such unconnected issues as excessive force, harassment, improper classification, and denial of medical care. The claims do not arise out of the same transaction, occurrence, or series of transactions or occurrences, and they lack a question of law or fact common to all defendants. In short, a careful reading of Plaintiff's allegations shows that the only common thread they all share is that they allegedly occurred while he was incarcerated; Defendants and the alleged actions are disparate and unrelated. Accordingly, the claims do not satisfy the elements of joinder, and they are inappropriate for joinder under Rule 20.

Because Plaintiff's Complaint is not in compliance with the Rules, the Court cannot adequately screen this pleading to determine whether it presents a viable claim for relief or seeks relief against a party immune from suit. Thus, the Court will give Plaintiff a final opportunity to file an Amended Complaint that complies with the Rules.

Plaintiff is reminded that any Amended Complaint must be complete in all respects. It must be a new pleading that stands by itself without reference to the Complaint (doc. 1) and Amended Complaint (doc. 9) already filed. The Amended Complaint should set forth Plaintiff's claims in short, concise and plain statements, and in sequentially numbered paragraphs. It should specify the offending actions taken by a particular Defendant, be signed, and indicate the nature of the relief sought. Further, the claims set forth in the amended document should arise out of the same transaction, occurrence, or series of transactions or occurrences, and they should contain a question of law or fact common to all defendants. If Plaintiff fails to timely file an Amended Complaint within twenty (20) days from the date of this Order, this case will be closed.

NOW, THEREFORE, IT IS ORDERED THAT:

1. Plaintiff's Amended Complaint (doc. 9) is dismissed for failure to comply with the Federal Rules of Civil Procedure.

2. Within twenty (20) days of the date of this Order, Plaintiff shall file any Second Amended Complaint that he intends to file.

3. Plaintiff is forewarned that, should he fail to submit a Second Amended Complaint within twenty (20) days of the date of this Order, this case will be closed.

4. The Clerk of Court is directed to provide Plaintiff with two blank § 1983 civil complaint forms.³

FORM TO BE USED BY A PRISONER IN FILING A CIVIL RIGHTS COMPLAINT IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA (1) ________________________________________________: (Name of Plaintiff) (Inmate Number) : : __________________________________________________: (Address) : : (2) ________________________________________________: (Name of Plaintiff) (Inmate Number) : __________________________ (Case Number) : ________________________________________________: (Address) : : (Each named party must be numbered, : and all names must be printed or typed) : : vs. : CIVIL COMPLAINT : (1) ________________________________________________: : (2) ________________________________________________: : (3) ________________________________________________: (Names of Defendants) : : (Each named party must be numbered, : and all names must be printed or typed) : TO BE FILED UNDER: _____ 42 U.S.C. § 1983 — STATE OFFICIALS ______ 28 U.S.C. § 1331 — FEDERAL OFFICIALS

3 We advise Plaintiff to consider using one to facilitate his drafting of any Second Amended Complaint as he may file.

I. PREVIOUS LAWSUITS

A. If you have filed any other lawsuits in federal court while a prisoner, please list the caption and case number including year, as well as the name of the judicial officer to whom it was assigned: _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________

II. EXHAUSTION OF ADMINISTRATIVE REMEDIES

Yes No In order to proceed in federal court, you must fully exhaust any available administrative remedies as to each ground on which you request action. A. Is there a prisoner grievance procedure available at your present institution? _____Yes _____No B. Have you fully exhausted your available administrative remedies regarding each of your present claims? _____Yes _____No C. If your answer to "B" is : 1. What steps did you take? ________________________________ _______________________________________________________ 2. What was the result? ____________________________________ _______________________________________________________ D. If your answer to "B" is , explain why not: _______________ _______________________________________________________

III. DEFENDANTS

(1) Name of first defendant: ______________________________________________ Employed as ____________________ at ______________________________________ Mailing address: _________________________________________________________ (2) Name of second defendant: ________________________________________________ Employed as ____________________ at _______________________________________ Mailing address: ___________________________________________________________ (3) Name of third defendant: ________________________________________________ Employed as ____________________ at _______________________________________ Mailing address: ___________________________________________________________ (List any additional defendants, their employment, and addresses on extra sheets if necessary)

IV. STATEMENT OF CLAIM

(State here as briefly as possible the facts of your case. Describe how each defendant is involved, including dates and places. Do not give any legal arguments or cite any cases or statutes. Attach no more than three extra sheets if necessary.) 1. ______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ 2. ______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ 3. ______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________

V. RELIEF

(State briefly exactly what you want the court to do for you. Make no legal arguments. Cite no cases or statutes.) 1. ______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ 2. ______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ 3. _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ I declare under penalty of perjury that the foregoing is true and correct. IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA : : : ______________________ : Civil Case No. : : Name of Plaintiff(s) : ______________________ : Judge v. : : : (Number and Judge to be : assigned by court) : : : : : Signed this ___________ day of _________________________, 19____. _______________________________________________ (Signature of Plaintiff) ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ _______________________________ ________________________________ ________________________________ Name of Defendant(s)

APPLICATION TO PROCEED IN FORMA PAUPERIS

PLEASE READ CAREFULLY AND FULLY COMPLETE EACH SECTION. 28 U.S.C. § 1915 28 U.S.C. § 1915 1. I am willing to pursue my claims in this action under the new provisions of The Prison Litigation Reform Act, understanding that pursuing my claim requires payment of a partial filing fee and deduction of sums from my prison account when funds exist until the filing fee of $350.00 has been paid in full. 2. I have enclosed an executed Authorization form which authorizes the Institution holding me in custody to transmit to the Clerk a certified copy of my trust account for the past six (6) months as well as payments from the account in the amounts specified by (b). 3. Have you, prior to the filing of the complaint in this action and while a prisoner as that term is defined in (h), brought 3 or more actions or appeals in a court of the United States that were dismissed as frivolous, malicious, or for failure to state a claim upon which relief may be granted? Yes _____ No _____ (a) If the answer is "yes," are you now seeking relief because you are under imminent danger of serious physical injury? Yes _____ No _____ (b) Please explain in detail why you are under imminent danger of serious physical injury: __________________________________________________________ __________________________________________________________________ __________________________________________________________________ 4. (a) Are you presently employed at the Institution? Yes ____ No ____ (b) If yes, what is your monthly compensation? $________________ 5. Do you own any cash or other property; have a bank account; or receive money from any source? Yes _____ No _____ If the answer is "yes" to any of the above, describe each source and the amount involved. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ __________________________________________________________________ I certify under penalty of perjury that the foregoing is true and correct. Executed on ____________________ _____________________________________ (Date) (Signature of Plaintiff) This certification is executed pursuant to Title 28, United States Code, Section 1746.

AUTHORIZATION (Prisoner's Account Only)

Case No. ____________________ NOTE: Completing this authorization form satisfies your obligation under 28 U.S.C. § 1915(a)(2) to submit a certified copy of your trust fund account. I, __________________________________, request and authorize the agency holding me in custody to send to the Clerk of Court, United States District Court for the Middle District of Pennsylvania, a certified copy of the statement for the past six months of my trust fund account (or institutional equivalent) at the institution where I am incarcerated. I further request and authorize the agency holding me in custody to calculate and disburse funds from my trust account (or institutional equivalent) in the amounts specified by 28 U.S.C § 1915(b).

This authorization is furnished in connection with the filing of a civil action, and I understand that the filing fee for the complaint is $350.00. I also understand that the entire filing fee will be deducted from my account regardless of the outcome of my civil action. This authorization shall apply to any other agency into whose custody I may be transferred.

Date: _____________________________, 20___

________________________________________________ Signature of Prisoner