Schultz v. U.S. Govt., at el
Filing
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ORDER Directing Plaintiff to File an Amended Complaint, by Magistrate Judge Boyd N. Boland on 3/28/2013. (skl)
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00493-BNB
GLENN J. SCHULTZ,
Plaintiff,
v.
U.S. GOVT.,
COLORADO STATE GOVT.,
CITY & COUNTY OF DENVER VARIOUS GOVT., and
STATE, CITY AGENCIES,
Defendants.
ORDER DIRECTING PLAINTIFF TO FILE
AN AMENDED COMPLAINT
Plaintiff, Glenn J. Schultz, currently resides in Denver, Colorado. Acting pro se,
he initiated this action by filing a Complaint. 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). The
Court, however, should not act as a 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 finds that the Complaint does not 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 “must contain: (1) a short and
plain statement of the grounds for the court’s jurisdiction, . . . (2) a short and plain
statement of the claim showing that the pleader is entitled to relief, and (3) a demand for
the relief sought . . . .” The philosophy of Rule 8(a) is reinforced by Rule 8(d)(1), which
provides that “[e]ach allegation must be simple, concise, and direct.” Taken together,
Rules 8(a) and (d)(1) underscore the emphasis placed on clarity and brevity by the
federal pleading rules. Prolix pleadings violate the requirements of Rule 8.
Plaintiff’s Complaint is unintelligible. He fails to set forth a short and plain
statement of his claims showing that he is entitled to relief and to identify the proper
jurisdiction for his claims. The Court, therefore, will direct Plaintiff to file an Amended
Complaint that complies with the pleading requirements of Rule 8. It is Plaintiff’s
responsibility to present his claims in a manageable format that allows the Court and
Defendants to know what claims are being asserted and to be able to respond to those
claims.
Plaintiff also must name the proper parties who are responsible for violating
rights and assert each defendant’s personal participation in the alleged violations.
Personal participation is an essential allegation in a civil rights action. See Bennett v.
Passic, 545 F.2d 1260, 1262-63 (10th Cir. 1976). To establish personal participation,
Plaintiff must show that each defendant caused the deprivation of a federal right. See
2
Kentucky v. Graham, 473 U.S. 159, 166 (1985). There must be an affirmative link
between the alleged constitutional violation and each defendant’s participation, control
or direction, or failure to supervise. See Butler v. City of Norman, 992 F.2d 1053, 1055
(10th Cir. 1993). A named defendant may not be held liable merely because of his or
her supervisory position. See Pembaur v. City of Cincinnati, 475 U.S. 469, 479 (1986);
McKee v. Heggy, 703 F.2d 479, 483 (10th Cir. 1983).
To state a claim in federal court Plaintiff must explain what each defendant did to
him; when the defendant did it; how the defendant’s action harmed him; and, what
specific legal right he 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 an Amended Complaint as instructed above, within
thirty days from the date of this Order. It is
FURTHER ORDERED that Plaintiff shall obtain the proper Court-approved form,
along with the applicable instructions, at www.cod.uscourts.gov for use in filing the
Amended Complaint. It is
FURTHER ORDERED that if Plaintiff fails to properly amend the Complaint,
within thirty days from the date of this Order, the Complaint and action shall be
subject to dismissal without further notice.
DATED March 28, 2013, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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