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McRae v. Federal Bureau of Prisons

United States District Court, D. Utah

June 14, 2017

STEPHEN PLATO MCRAE, Plaintiff,
v.
FEDERAL BUREAU OF PRISONS et al., Defendants.

          ORDER & MEMORANDUM DECISION

          ROBERT J. SHELBY UNITED SATES DISTRICT COURT

         Plaintiff, inmate Stephen Plato McRae, 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) improperly names Federal Bureau of Prisons as a defendant under Section 1983, which is meant to support actions against state and local defendants.
(b) improperly names Iron County and Purgatory Correctional Facilities as defendants, though they are not independent legal entities that may sue or be sued.
(c) fails to provide an affirmative link between specific defendants and specific civil-rights violations.
(d) inappropriately alleges civil rights violations on a respondeat-superior theory.
(e) does not state a proper legal-access claim (see below).
(f) is perhaps supplemented with claims from documents (including a motion for preliminary injunctive relief) filed since the Complaint and “Amended Complaint, ” which claims should be included in an amended complaint, if filed, and will not be treated further by the Court unless properly included.
(g) refers to John-Doe types, without giving detailed information that would allow them to be identified.
(h) 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.
(i) requests injunctive relief, the granting of which would require confirmation that Plaintiff is still in whatever facility from which ...

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