United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE U.S. District Judge
matter is now before the Court for preliminary review of the
First Amended Complaint filed by Plaintiff Kordale Cotton on
March 7, 2017. (Doc. 8). Plaintiff filed this civil rights
action pursuant to 42 U.S.C. § 1983 against officials at
Big Muddy River Correctional Center who allegedly denied him
medical care for osteoid osteoma in his right finger and for
sickle cell anemia. (Doc. 8, p. 7). The original Complaint
(Doc. 1) did not survive screening under 28 U.S.C. §
1915A and was dismissed without prejudice on February 6,
2017. (Doc. 7). Plaintiff was granted leave to file a First
Amended Complaint by March 6, 2017. Id.
filed a timely First Amended Complaint. However, it also does
not survive screening. Under § 1915A, the Court is
required to promptly screen prisoner complaints, including
amended complaints, to filter out nonmeritorious claims. 28
U.S.C. § 1915A(a). The Court is required to dismiss any
portion of the complaint that is legally frivolous,
malicious, fails to state a claim upon which relief may be
granted, or asks for money damages from a defendant who by
law is immune from such relief. 28 U.S.C. § 1915A(b).
Plaintiff's First Amended Complaint includes no
allegations against the defendants in the statement of
Plaintiff's claim. (Doc. 8, p. 7). In fact, Plaintiff
fails to mention the defendants at all. Id. “A
plaintiff cannot state a claim against a defendant by
including the defendant's name in the caption.”
Collins v. Kibort, 143 F.3d 331, 334 (7th Cir.
1998). Merely invoking the name of a potential defendant is
not sufficient to state a claim against that individual.
to be held liable under § 1983, an “individual
defendant must have caused or participated in a
constitutional deprivation.” Pepper v. Village of
Oak Park, 430 F.3d 809, 810 (7th Cir. 2005) (citations
omitted). In other words, Plaintiff must indicate what each
defendant did to violate his constitutional rights. He should
set forth factual allegations that describe his efforts to
notify each of the defendants, verbally or in writing, about
his serious medical needs and each of their responses to his
requests for treatment.
First Amended Complaint also includes no request for relief
as required by Fed.R.Civ.P. 8(a)(3). This relief may include
monetary damages or injunctive relief -- Plaintiff has
requested neither. If Plaintiff wishes to proceed with this
action, he must include his request for relief in a Second
above-stated reasons, the First Amended Complaint does not
survive review under § 1915A, and it shall be dismissed.
However, the dismissal is without prejudice, and Plaintiff
shall have one final opportunity to amend his complaint. If
he chooses to do so, Plaintiff must adhere to the deadline
and instructions in the below disposition. Failure to do so
will result in dismissal of this action with prejudice.
IT IS HEREBY ORDERED that Plaintiff's
First Amended Complaint (Doc. 8) is
DISMISSED without prejudice for failure to
state a claim upon which relief may be granted and for
noncompliance with Rule 8(a)(3) of the Federal Rules of Civil
is GRANTED leave to file a “Second
Amended Complaint” on or before April 10,
2017. Should Plaintiff fail to file his Second
Amended Complaint within the allotted time or consistent with
the instructions set forth in this Order, the entire case
will be dismissed with prejudice. Fed.R.Civ.P. 41(b). See
generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir.
1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir.
1994); 28 U.S.C. § 1915A. Further, the Court will assess
a “strike” against Plaintiff. See 28
U.S.C. § 1915(g).
Plaintiff decide to file a Second Amended Complaint, it is
strongly recommended that he use the forms designed for use
in this District for such actions. He should label the form,
“Second Amended Complaint, ” and he should use
the case number for this action (i.e.
17-cv-00033-SMY). The pleading shall present each claim in a
separate count, and each count shall specify, by
name, each defendant alleged to be liable under the
count, as well as the actions alleged to have been taken by
that defendant. Plaintiff should attempt to include the facts
of his case in chronological order, inserting each
defendant's name where necessary to identify the actors.
Plaintiff should refrain from filing unnecessary exhibits. He
should include only related claims in his Second
Amended Complaint. Claims found to be unrelated to one
another will be severed into new cases, new case numbers will
be assigned, and additional filing fees will be assessed. To
enable Plaintiff to comply with this order, the
CLERK is DIRECTED to mail
Plaintiff a blank civil rights complaint form.
amended complaint supersedes and replaces all prior
complaints, rendering them void. See Flannery v.
Recording Industry Ass'n of America, 354 F.3d 632,
638 n. 1 (7th Cir. 2004). The Court will not accept piecemeal
amendments. Thus, the Second Amended Complaint must stand on
its own, without reference to any previous pleading, and
Plaintiff must re-file any exhibits he wishes the Court to
consider along with the Second Amended Complaint. The Second
Amended Complaint is subject to review pursuant to 28 U.S.C.
is once again ADVISED that his obligation to
pay the filing fee for this action was incurred at the time
the action was filed, thus the filing fee of
$350.00 remains due and payable, regardless of
whether Plaintiff elects to file a Second Amended Complaint.