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Revere Sanchez v. Lyman

United States District Court, D. Utah

May 24, 2019

GREG PAUL REVERE SANCHEZ, Plaintiff,
v.
JUDGE PAUL LYMAN et al., Defendants.

          MEMORANDUM DECISION & ORDER TO CURE DEFICIENT COMPLAINT

          Dale A. Kimball, United States District Judge.

         Judge Dale A. Kimball Plaintiff, inmate Greg Paul Revere Sanchez, brings this pro se civil-rights action, see 42 U.S.C.S. § 1983 (2019), [1] in forma pauperis, see 28 Id. § 1915. Having now screened the Complaint, (Doc. No. 6), under its statutory review function, [2] the Court orders Plaintiff to file an amended complaint to cure deficiencies before further pursuing claims.

         COMPLAINT'S DEFICIENCIES

         Complaint:

(a) does not properly affirmatively link defendants to civil-rights violations.
(b) inappropriately requests relief for a third party.
(c) 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.
(d) improperly names judges as defendants, apparently without considering judicial immunity. (See below.)
(e) improperly names prosecutors as defendants, apparently without considering prosecutorial immunity. (See below.)
(f) alleges possible constitutional violations resulting in injuries that appear to be prohibited by 42 U.S.C.S. § 1997e(e) (2019), 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.”
(g) does not adequately state a claim of inadequate medical treatment. (See below.)
(h) tries to bring civil-rights claims against possible public defenders and private attorneys and citizens, who are not properly named, as they are not state actors under § 1983.
(i) possibly asserts claims on the constitutional validity of his imprisonment, which should be brought in a habeas-corpus petition, not civil-rights complaint.
(j) asserts claims possibly invalidated by the rule in Heck. (See below.)
(k) states crimes by Defendants must be redressed; however, a federal civil-rights is not the proper place to address criminal behavior.
(1) has claims apparently regarding current confinement; however, complaint apparently not drafted with contract attorneys' help.

         GUIDANCE FOR PLAINTIFF

         Rule 8 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 which they rest." TV Commc'ns Network, Inc. v ESPN, Inc., 767 F.Supp. 1062, 1069 (D. Colo. 1991).

         Pro se litigants are not excused from meeting these minimal pleading demands. "This is so because a pro se plaintiff requires no special legal training to recount the facts surrounding his alleged injury, and he must provide such facts if the court is to determine whether he makes out a claim on which relief can be granted." Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). Moreover, it is improper for the Court "to assume the role of advocate for a pro se litigant." Id. Thus, the Court cannot "supply additional facts, [or] construct a legal ...


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