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Ritterbush v. Turley

United States District Court, D. Utah

April 30, 2019

LYNDAL D. RITTERBUSH, Plaintiff,
v.
STEVEN TURLEY, Defendant.

          MEMORANDUM DECISION & ORDER ON DEFICIENT AMENDED COMPLAINT

          JILL N. PARRISH JUDGE

         Plaintiff, inmate Lyndal D. Ritterbush, brings this pro se civil-rights action, see 42 U.S.C.S. § 1983 (2019), in forma pauperis, see 28 Id. § 1915. Having now screened the Amended Complaint under its statutory review function, [1] the Court orders Plaintiff to file a second amended complaint to cure deficiencies before further pursuing claims.

         A. Deficiencies in Amended Complaint

         Amended Complaint:

(a) names just one defendant--Steven Turley--who has not been affirmatively linked to any alleged constitutional violation.
(b) appears to inappropriately allege civil-rights violations on a respondeat-superior theory.
(c) does not state what relief is requested.
(d) possibly asserts claim on the constitutional validity of his imprisonment, which should be brought in a habeas-corpus petition, not civil-rights complaint.
(e) raises issue of classification (e.g., six-and-one-half years in “maximum security lock-up”) in a way that does not support a cause of action (see below).
(f) asserts claim possibly invalidated by the rule in Heck (see below).
(g) fails to state a constitutional claim regarding parole which is not a federal right (see below).
(h) is not on the form required by the Court.
(i) has claims apparently regarding current confinement; however, the complaint was apparently not drafted with the help of contract attorneys.

         B. ...


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