Garman v. Salt Lake County Jail Medical Staff, No. 2:2016cv00099 - Document 15 (D. Utah 2017)
Court Description: MEMORANDUM DECISION and ORDER: granting 14 Motion to Amend/Correct; Plaintiff shall file his amended complaint within thirty days. The Clerks office shall mail Plaintiff a copy of the Pro Se Litigant Guide with a blank civil rights complaint. Signed by Judge Ted Stewart on 05/31/2017. (kpf)
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Garman v. Salt Lake County Jail Medical Staff Doc. 15 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH JOHN PAUL GARMAN, Plaintiff, MEMORANDUM DECISION & ORDER v. SALT LAKE COUNTY JAIL at el., Defendants. Case No. 2:16-CV-99-TS District Judge Ted Stewart Plaintiff, John Paul Garman, moves the Court to allow him to amend his Complaint here. The Court grants the motion, giving the following guidance for Plaintiff to follow in amending the Complaint. INSTRUCTIONS TO PLAINTIFF Under Rule 8 of the Federal Rules of Civil Procedure a complaint is required to 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." Fed. R. Civ. P. 8(a). The requirements of Rule 8(a) are intended to guarantee "that defendants enjoy fair notice of what the claims against them are and the grounds upon which they rest." TV Commnc'ns Network, Inc. v. ESPN, Inc., 767 F. Supp. 1062, 1069 (D. Colo. 1991), aff’d, 964 F.2d 1022 (10th Cir. 1992). Pro se litigants are not excused from compliance with the minimal pleading requirements of Rule 8. "This is so because a pro se plaintiff requires no special legal training to recount the facts surrounding his alleged injury, and he must provide such facts if the court is to determine Dockets.Justia.com whether he makes out a claim on which relief can be granted." Hall v. Bellmon, 935 F.2d 1106, 1009 (10th Cir. 1991). Moreover, "it is not the proper function of the Court to assume the role of advocate for a pro se litigant." Id. at 1110. Thus, the Court cannot "supply additional facts, [or] construct a legal theory for plaintiff that assumes facts that have not been pleaded." Dunn v. White, 880 F.2d 1188, 1197 (10th Cir. 1989). Plaintiff should consider the following points before refiling his complaint. First, the revised complaint must stand entirely on its own and shall not refer to, or incorporate by reference, any portion of the original complaint or other documents already filed in this case. See Murray v. Archambo, 132 F.3d 609, 612 (10th Cir. 1998) (stating amended complaint supercedes original). Second, the complaint must clearly state what each individual defendant did to violate Plaintiff's civil rights. See Bennett v. Passic, 545 F.2d 1260, 1262-63 (10th Cir. 1976) (stating personal participation of each named defendant is essential allegation in civil rights action). "To state a claim, a complaint must 'make clear exactly who is alleged to have done what to whom.'" Stone v. Albert, No. 08-2222, slip op. at 4 (10th Cir. July 20, 2009) (unpublished) (emphasis in original) (quoting Robbins v. Oklahoma, 519 F.3d 1242, 1250 (10th Cir. 2008)). Third, Plaintiff cannot name an individual as a defendant based solely on his or her supervisory position. See Mitchell v. Maynard, 80 F.3d 1433, 1441, (10th Cir. 1996) (stating supervisory status alone is insufficient to support liability under § 1983). And, fourth, Plaintiff is warned that litigants who have had three in forma pauperis cases dismissed as frivolous or meritless will be restricted from filing future lawsuits without prepaying fees. 2 ORDER IT IS HEREBY ORDERED that: (1) Plaintiff's motion for permission to amend his Complaint is GRANTED. (See Docket Entry # 14.) Plaintiff shall file his amended complaint within thirty days. (2) The Clerk's Office shall mail Plaintiff a copy of the Pro Se Litigant Guide with a blank civil-rights complaint. DATED this 31st day of May, 2017. BY THE COURT: JUDGE TED STEWART United States District Court 3
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