United States District Court, M.D. Florida, Jacksonville Division
C. RICHARDSON UNITED STATES MAGISTRATE JUDGE
an inmate of the Florida penal system, initiated this action
by filing a pro se Civil Rights Complaint (Doc. 1) pursuant
to 42 U.S.C. § l983. Plaintiff is proceeding in forma
pauperis. See Order (Doc. 5). As defendants, Plaintiff names
Corizon, LLC and Woodrow A. Meyers, Jr., in his role as Chief
Operating Officer of Corizon. Plaintiff asserts Corizon,
pursuant to a company policy, excessively delayed approving
surgery to correct his broken wrist, in violation of the
Eighth Amendment. As relief, he seeks compensatory and
proceed, Plaintiff must file an amended complaint on the
enclosed civil rights complaint form and in compliance with
federal pleading standards. Federal Rule of Civil Procedure
8(a) requires a pleading to include a short and plain
statement of the claim showing that the pleader is entitled
to relief. Plaintiff's allegations are not “short
and plain.” Plaintiff includes argument, case
citations, and “evidence” to substantiate his
claims. In amending his complaint, Plaintiff should
streamline his allegations to comply with Rule 8. And he
should not include legal argument or evidence. To the extent
the case proceeds, Plaintiff will have an opportunity later
to present legal argument and evidence.
Plaintiff chooses to file an amended complaint, he should
assess his case and name as defendants only those individuals
allegedly responsible for violating his federal
constitutional rights. Currently, Plaintiff names Woodrow A.
Meyers as a defendant, though he does not attribute any
factual allegations or wrongdoing to Defendant Meyers. To the
extent Plaintiff names Defendant Meyers in his official
capacity as a representative of Corizon, such a claim is
redundant of the one against Corizon.
also should clearly articulate the nature of his claim
against each named defendant by stating the specific
constitutional right or federal law each defendant allegedly
violated. To the extent Plaintiff intends to assert a
conspiracy claim under § 1983, he should know a
corporation may not conspire with itself or its employees. A
conspiracy requires a “multiplicity of actors.”
McAndrew v. Lockheed Martin Corp., 206 F.3d 1031,
1036 (11th Cir. 2000).
amending his complaint, Plaintiff must also adhere to the
following general instructions.
amended complaint must be marked, “Amended
Complaint.” 2. The amended complaint must name as
defendants only those who had been acting under color of
state law and are responsible for the alleged constitutional
amended complaint must state the full names of each defendant
(to the extent Plaintiff knows them) in the style of the case
on the first page and in section I.B.
list of defendants named on the first page must match the
list of named defendants in section I.B.
amended complaint (or a separate filing) must include current
addresses for each defendant so the Court can direct service
Under “Basis for Jurisdiction” in section II,
Plaintiff must state the specific constitutional right or
federal law each defendant allegedly violated.
section IV, “Statement of Claim, ” there must be
a clear description of how each defendant
was involved in the alleged violation(s). The allegations
should be stated in numbered paragraphs, each limited to a
single set of circumstances. Plaintiff should separately
explain the facts giving rise to his individual claims for
relief, and he should clearly state how each defendant is
responsible for each alleged violation.
section V, “Injuries, ” there must be a statement
concerning how each defendant's ...