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Carl v. State

United States District Court, D. Utah

October 12, 2018

SHANE R. CARL, Plaintiff,
v.
STATE OF UTAH et al., Defendants.

          ORDER TO CURE DEFICIENT COMPLAINT & MEMORANDUM DECISION

          DEE BENSON UNITED STATES DISTRICT COURT JUDGE

         District Judge Dee Benson Plaintiff, Shane R. Carl, a Davis County inmate, filed this pro se civil rights suit, see 42 U.S.C.S. § 1983 (2018), in forma pauperis, see 28 Id. § 1915. The Court now screens the Complaint and orders Plaintiff to file an amended complaint to cure deficiencies before further pursuing claims.

         A. Deficiencies in Complaint

         Complaint:

(a) improperly names a judge as a defendant, without considering judicial immunity. (See below.)
(b) possibly alleges claims that concern the constitutionality of his imprisonment, which should be brought in a habeas-corpus petition, not a civil-rights complaint.
(c) alleges claims that are possibly invalidated by the rule in Heck. (See below.)
(d) names State of Utah as a defendant which violates governmental-immunity principles. (See below.)
(e) improperly names public defender as defendant, without considering that public defenders are not considered to be state actors subject to suit under § 1983.
(f) is perhaps supplemented with claims from letters and documents filed since the 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) improperly names Ogden Police Department as a defendant, though it is not an independent legal entity that can sue or be sued.
(h) refers to John-Doe types, without giving detailed information allowing them to be identified.
(i) alleges conspiracy claims that are too vague. (See below.)
(j) improperly names prosecutor as defendant, without considering prosecutorial ...

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