Singleton v. Clallam Bay Corrections Center

Full title: JOSEPH E. SINGLETON, Plaintiff, v. CLALLAM BAY CORRECTIONS CENTER, et al.…

Court: United States District Court, W.D. Washington, Tacoma Division

Date published: Jan 2, 2003

No. C02-5575DB (W.D. Wash. Jan. 2, 2003)

Opinion

No. C02-5575DB

January 2, 2003

SECOND ORDER TO FILE AN AMENDED COMPLAINT

J. KELLEY ARNOLD, United States Magistrate Judge.

This Civil Rights action has been referred to the undersigned Magistrate Judge pursuant to Title 28 U.S.C. § 636(b)(1)(B) Plaintiff has been granted in forma pauperis (Dkt #3)

Plaintiff originally named the Clallam Bay Correction Center and the Superintendent of the facility as defendants. (Dkt. #4). He alleged that these two "people" are responsible for hiring a Doctor who plaintiff claims is unprofessional. (Dkt. #4 page 3). Originally plaintiff failed to provide any operative facts. (Dkt. #4 page 4). He was ordered to file an amended complaint and has done so. The amended complaint names no "person", only the Clallam Bay Corrections Center medical department. (Dkt. #6).

In order to state a claim under 42 U.S.C. § 1983, a complaint must allege that (1) the conduct complained of was committed by a person acting under color of state law and that (2) the conduct deprived a person of a right, privilege, or immunity secured by the Constitution or laws of the United States. Parratt v. Taylor, 451 U.S. 527, 535 (1981), overruled on other grounds, Daniels v. Williams, 474 U.S. 327 (1986). Section 1983 is the appropriate avenue to remedy an alleged wrong only if both of these elements are present. Haygood v. Younger, 769 F.2d 1350, 1354 (9th Cir. 1985), cert denied, 478 U.S. 1020 (1986).

Now the plaintiff has failed to name a person as a defendant. Pro Se complaints are liberally construed, but the Court cannot supply facts that a plaintiff has failed to allege. Pena v. Gardner, 976 F.2d 469 (9th Cir. 1992).

The plaintiff is now ORDERED to file an amended complaint that cures the defects in his amend complaint by January 24th, 2003. Plaintiff must include service copies of the complaint if he wishes to have the complaint served. Failure to file an amended complaint will result in a Report and Recommendation that this action be dismissed for failure to state a claim, as will another complaint that fails to state a claim.

The clerk is directed to send a copy of this order to plaintiff and to note the due date for the Amended Complaint as January 24th, 2003.