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Jones v. Herbert

United States District Court, D. Utah

April 17, 2017

Michael Anthony Jones, Plaintiff,
v.
Gary R. Herbert et al., Defendants.

          ORDER & MEMORANDUM DECISION

          ROBERT J. SHELBY UNITED STATES DISTRICT JUDGE.

         Plaintiff, inmate Michael Anthony Jones, 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 Complaint and orders Plaintiff to file an amended complaint to cure deficiencies before further pursuing his claims.

         A. Deficiencies in Complaint

         Complaint:

         (a) 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.

         (b) inappropriately alleges civil-rights violations on a respondeat-superior theory.

         (c) does not affirmatively link Defendants to civil-rights violations.

         (d) alleges claims that are possibly invalidated by the rule in Heck (see below).

         (e) states crimes by Defendants must be redressed; however, a federal civil-rights is not the proper place to address criminal behavior.

         (f) is in two parts, yet must be presented in one cohesive pleading to be considered.

         (g) invalidly brings a “claim” against Judge Tena Campbell of this Court for failing to protect him from unconstitutional application of the law to his claims in an earlier habeas-corpus case in this Court that she dismissed. (See Jones v. Bigelow, 2;13-CV-593 TC (D. Utah May 15, 2014) (dismissal order).)

         (h) does not identify individual property owned by Plaintiff that has been unconstitutionally taken from him.

         (i) is an improper forum for bringing Utah State constitutional claims, considering that pendent jurisdiction has not been established.

         B. ...


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