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Palombi v. Rae

United States District Court, D. Utah

February 22, 2017

KYRON PALOMBI, Plaintiff,
v.
NICOLE CUNHA REA et al., Defendants.

          ORDER & MEMORANDUM DECISION

          CLARK WADDOUPS United States District Court Judge

         Plaintiff, inmate Kyron Palombi, filed this pro se civil rights suit, see 42 U.S.C.S. § 1983 (2017), in forma pauperis, see 28 Id. § 1915. The Court now screens his Amended Complaint and orders Plaintiff to file a second amended complaint to cure deficiencies before further pursuing his claims.

         A. Deficiencies in Amended Complaint

         Amended Complaint:

(a) is not on the form required by the Court.
(b) possibly alleges claims that concern the constitutionality of his conviction and/or validity of his imprisonment, which should be brought in a habeas-corpus petition, not a civil-rights complaint.
(c) inappropriately alleges civil-rights violations on a respondeat-superior theory.
(d) does not affirmatively link several of the defendants to civil-rights violations.
(e) alleges claims that are possibly invalidated by the rule in Heck (see below).
(f) appears to involve claims that are past the statute of limitations for a civil-rights case (see below).
(g) possibly attempts to state claims of inadequate medical treatment by Department of Corrections personnel; however provides neither necessary factual details nor links any such possible claims to specific defendants.
(h) states crimes by Defendants must be redressed; however, a federal civil-rights is not the proper place to address criminal behavior.
(i) does not state a proper legal-access claim (see below).
(j) possibly asserts constitutional violations resulting in injuries that appear to violate 42 U.S.C.S. ยง 1997e(e) (2017), which reads, "No Federal civil action may be brought by a prisoner . . . for mental or emotional injury suffered while in custody without a prior showing ...

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