United States District Court, D. Massachusetts
MEMORANDUM AND ORDER
Allison D. Burroughs, United States District Judge
reasons stated below, the Court will (1) grant the motion to
proceed in forma pauperis, and (2) Order
the plaintiff to file an amended complaint within 28 days of
the entry of this Memorandum and Order.
February 24, 2017, pro se plaintiff Lincoln Lloyd
Redley filed a self-prepared complaint against multiple
defendants. Plaintiff's complaint is a disorganized
narrative of perceived persecution by a state trial judge, a
district attorney, police officers, and others. Plaintiff
attempts to intertwine wholly different factual scenarios
over different periods of time. Taken as a whole, the
complaint is largely incoherent and, at times,
incomprehensible, making it difficult to ascertain the
outlines of the alleged claims. In addition to his complaint,
plaintiff filed a motion for leave to proceed in forma
pauperis. ECF No. 2.
Plaintiff's Motion to Proceed In Forma
motion to proceed in forma pauperis is ALLOWED. See 28 U.S.C.
§1915(a). Because plaintiff is proceeding in forma
pauperis, his complaint is subject to screening and the court
may dismiss a claim sua sponte if it is frivolous, malicious,
fails to state claim upon which relief may be granted, or
seeks monetary relief against a defendant who is immune from
such relief. See 28 U.S.C. §1915(e)(2)(B).
Plaintiff will be Ordered to Amend his
complaint in its current form is insufficiently pleaded under
the basic pleading requirements of the Federal Rules of Civil
Procedure. Plaintiff's complaint is rambling and
confusing, covering different factual scenarios, time periods
and individuals. It is unclear which defendants he is
pursuing and on what basis, and what relief he is seeking. To
the extent the plaintiff wishes to proceed in this action, he
shall within within 28 days of the date of entry of this
Memorandum Order file an amended complaint complying with
Rules 8 and 10 of the Federal Rules of Civil Procedure. Any
amended complaint must include, among other things, “a
short and plain statement of the claim showing that the
pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2).
This statement must “‘give the defendant fair
notice of what the . . . claim is and the grounds upon which
it rests, '” Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 555 (2007) (alteration in
original) (quoting Conley v. Gibson, 355 U.S. 41, 47
(1957)); see Rivera v. Rhode Island, 402 F.3d 27, 33
(1st Cir. 2005). It must afford the defendant(s) a
“[‘]meaningful opportunity to mount a defense,
'” Díaz-Rivera v.
Rivera-Rodríguez, 377 F.3d 119, 123 (1st Cir.
2004) (quoting Rodríguez v. Doral Mortgage
Corp., 57 F.3d 1168, 1172 (1st Cir. 1995)). “[T]he
complaint should at least set forth minimal facts as to who
did what to whom, when, where, and why.” Educadores
Puertorriqueños en Acción v.
Hernandez, 367 F.3d 61, 68 (1st Cir. 2004). Because
an amended complaint completely supersedes the original
complaint, plaintiff should repeat in his amended complaint
any allegations in the original complaint that he wishes to
be part of the operative complaint. See Connectu LLC v.
Zuckerberg, 522 F.3d 82, 91 (1st Cir. 2008). The Court
also notes the “[t]he title of the complaint must name
all the parties.” Fed.R.Civ.P. 10(a). And, the claims
in the amended complaint must be set forth “in numbered
paragraphs, each limited as far as practicable to a single
set of circumstances.” Fed.R.Civ.P. 10(b).
preparing the amended complaint, plaintiff should not
reiterate his allegations or set forth his claims in
chronological, narrative paragraphs, nor should he include
names of individuals that do not have any direct involvement
with his legal claims against the named defendants. His
amended complaint should focus on the legal claims against
each defendant, and the basis for such claims. In other
words, plaintiff should set forth minimal facts as to who did
what to whom, when, where, and why. He should not assert
claims collectively against the defendants, but should parcel
out the claims against each defendant separately. He also
should not assert multiple causes of action against a
defendant in one count; rather, he should identify separately
each cause of action and the grounds therefore. With respect
to exhibits, plaintiff may submit exhibits in support of his
Amended Complaint, but is not required to do so.
foregoing reasons, 1. The motion to proceed in forma pauperis
the extent the plaintiff intends to pursue his claims, he
shall within 28 days of the entry of this Memorandum and
Order file an amended complaint that complies with the
Federal Rules of Civil Procedure as set forth in this
Memorandum and Order at Part II(B), supra. No summonses shall