United States District Court, D. Utah
ORDER TO CURE DEFICIENT COMPLAINT & MEMORANDUM
TED STEWART UNITED STATES DISTRICT COURT.
inmate Michael Ray Neese, 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.
alleges possible constitutional violations resulting in
injuries that appear to be prohibited by 42 U.S.C.S. §
1997e(e) (2018), which reads, "No Federal civil action
may be brought by a prisoner . . . for mental or emotional
injury suffered while in custody without a prior showing of a
physical injury or the commission of a sexual act.”
alleges “random and unauthorized deprivation of
property under color of state law, ” without
considering that such a claim “does not give rise to a
§ 1983 claim if there is an adequate state
post-deprivation remedy.” See Frazier v
Flores, No. 13-1535, 2014 U.S. App. LEXIS 12936, at *4
(10th Cir. July 9, 2014) (unpublished) (citing Hudson v.
Palmer, 468 U.S. 517, 533 (1984)).
does not affirmatively link some defendants to civil-rights
appears to inappropriately allege civil-rights violations
(e.g., against Jail Commander Peck) on a respondeat-superior
improperly names Cache County Jail as a defendant, though it
is not an independent legal entity that can sue or be sued.
refers to John-Doe types, without giving detailed enough
information to allow them to be identified.
states some general claims that do not specify how Plaintiff
himself was injured, which calls into question his standing
to bring these claims. Jordan v. Sosa, 654 F.3d
1012, 1019 (10th Cir. 2011) (stating plaintiff must show
“(a) an injury in fact; (2) a causal connection between
the injury and the challenged action; and (3) a likelihood
that a favorable decision will redress the injury”)
does not state a proper legal-access claim. (See below.)
does not state a claim for “right to privacy.”
inappropriately allege civil-rights violations on the ...