United States District Court, D. Utah
ORDER & MEMORANDUM DECISION
CLARK WADDOUPS United States District Court.
Judge Clark Waddoups
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.
Deficiencies in 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)).
Instructions to Plaintiff
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 ...