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MacArthur v. Garden

United States District Court, D. Utah

April 20, 2017

BRET GOLDEN MACARTHUR, Plaintiff,
v.
RICHARD GARDEN et al., Defendants.

          ORDER & MEMORANDUM DECISION

          DEE BENSON United States District Judge

         Plaintiff, inmate Bret Golden MacArthur, 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.

         Deficiencies in Complaint

         Complaint:

(a) names Utah State Prison (USP) and Utah Department of Corrections as defendants, although they are not entities that may sue and be sued.
(b) appears to try to bring claims against other defendants who are referred to only in the Complaint's text and not named in the Complaint's heading.
(c) raises issues of classification change in a way that does not support a cause of action.
(d) does not state a proper legal-access claim (see below).
(e) requests injunctive and declaratory relief, the granting of which would require confirmation that Plaintiff is still in USP.
(f) inappropriately alleges civil-rights violations on a respondeat-superior theory.
(g) does not affirmatively link some defendants to civil-rights violations.
(h) inappropriately alleges civil-rights violations on the basis of denied grievances.
(i) alleges conspiracy claims that are too vague (see below).
(j) has claims apparently regarding current confinement; however, the complaint was apparently not drafted with the ...

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