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Bacilio v. Utah Department of Corrs.

United States District Court, D. Utah

April 25, 2017

MIGUEL ANGEL BACILIO, Plaintiff,
v.
UTAH DEP'T OF CORRS. et al., Defendants.

          ORDER & MEMORANDUM DECISION

          JUDGE CLARK WADDOUPS United States District Court.

         District Judge Clark Waddoups

         Plaintiff, inmate Miguel Angel Bacilio, 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) alleges claims that are possibly invalidated by the rule in Heck (see below).
(c) improperly names Board of Pardons and Utah Department of Corrections as defendants, though they are not independent legal entities that may sue or be sued.
(d) does not state a proper legal-access claim (see below).
(e) alleges conspiracy claims that are too vague (see below).
(f) is in two parts, yet must be presented in one cohesive pleading to be considered.
(g) has claims appearing to be based on conditions of current confinement; however, the complaint was apparently not submitted using the legal help Plaintiff is entitled to by his institution under the Constitution. See Lewis v. Casey, 518 U.S. 343, 356 (1996) (requiring prisoners be given "'adequate law libraries or adequate assistance from persons trained in the law' . . . to ensure that inmates . . . have a reasonably adequate opportunity to file nonfrivolous legal claims challenging their convictions or conditions of confinement") (quoting Bounds v. Smith, 430 U.S. 817, 828 (1977) (emphasis added)).

         B. Instructions to Plaintiff

         Rule 8 of the Federal Rules of Civil Procedure requires a complaint to contain "(1) a short and plain statement of the grounds for the court's jurisdiction . . .; (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought." Rule 8's requirements mean to guarantee "that defendants enjoy fair notice of what the claims against them are and the grounds upon ...


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