United States District Court, D. Massachusetts
MEMORANDUM AND ORDER
A. O”TOOLE, JR. United States District Judge
reasons set forth below, the Court (1) denies without
prejudice plaintiff's motions for temporary restraining
order and preliminary injunction; (2) denies without
prejudice plaintiff's motion for video recording; and (3)
grants plaintiff thirty-five days to file an amended
complaint and either pay the filing fee or file an
Application to Proceed in District Court Without Prepaying
Fees or Costs.
April 25, 2017, plaintiff Luke Lugo (“Lugo”), a
prisoner in custody at the Middlesex County House of
Correction, filed several handwritten documents. See
Docket. The Clerk of this Court filed these documents as a
complaint and a motion for temporary restraining order.
See Docket Nos. 1, 2.
11, 2017, Lugo filed a complaint (Docket No. 5), motion for
preliminary injunction (Docket No. 7), and motion for video
“recordings” (Docket No. 6). Each document is one
page. Lugo has printed his name and identification number at
the top of each of these documents. None of the documents has
a case caption, and they are not signed or dated by Lugo.
Lugo has not identified any defendants, and it is not clear
what legal claims he seeks to assert.
fees for filing a civil action are the $350.00 filing fee and
the $50.00 administrative fee. See 28 U.S.C. §
1914(a) ($350.00 filing fee for all non-habeas civil
actions). An indigent litigant may request leave to proceed
without prepayment of the filing fee. See 28 U.S.C.
§ 1915 (proceedings in forma pauperis). Where,
as here, the plaintiff is a prisoner, a motion for waiver of
prepayment of the filing fee must be accompanied by “a
certified copy of the trust fund account statement (or
institutional equivalent) for the prisoner for the 6-month
period immediately preceding the filing of the complaint . .
. obtained from the appropriate official of each prison at
which the prisoner is or was confined.” 28 U.S.C.
Lugo failed to pay the filing fee or to seek a waiver
thereof. Therefore, he will be granted additional time either
to (1) pay the $400.00 filing and administrative fees; or (2)
file an application to proceed in forma pauperis
accompanied by a certified prison account statement.
addition to addressing the fee issue, Lugo is granted
additional time to file a complaint that conforms with the
pleading requirements of the Federal Rules of Civil
Procedure. Any complaint must identify the defendants and the
specific relief sought. See Fed. R. Civ. P 8(a). In
addition to complying with Rule 8(a), a complaint should also
comply with Fed.R.Civ.P. 8(d)(1)(“Each allegation must
be simple, concise, and direct.”). Further, under the
Federal Rules of Civil Procedure, a complaint “must
name all the parties, ” Fed.R.Civ.P. 10(a), and the
claims should be set forth “in numbered paragraphs,
each limited as far as practicable to a single set of
circumstances, ” Fed.R.Civ.P. 10(b). The plaintiff must
sign a complaint. See Fed. R. Civ. P. 11(a).
order to facilitate the filing of an complaint, the court
suggests, but does not require, Lugo to use the national
federal court form complaint for violation of civil rights
(prisoner) (Pro Se 14).
1. Plaintiff's Motions for Temporary Restraining Order
and for Preliminary Injunction are DENIED without prejudice.
plaintiff wishes to pursue this action, he shall, within
thirty-five (35) days of the date of this Memorandum and
Order, file a complaint that conforms with the pleading
requirements of the Federal Rules of Civil Procedure. The
Clerk shall provide plaintiff with the national federal court
form complaint for violation of civil rights (prisoner).
Within 35 days of this Memorandum and Order, plaintiff either
shall (1) pay the $400.00 filing and administrative fees; or
(2) file an application to proceed in forma pauperis
accompanied by a certified prison account statement. Failure
of the plaintiff to comply with this directive may result in
the dismissal of this action. The Clerk shall provide
plaintiff with an Application to Proceed in District Court
Without Prepaying Fees or Costs.
Clerk shall send a copy of this Memorandum and Order to the
Treasurer's Office at the prison facility in which
plaintiff is incarcerated, in order to facilitate any request
by the plaintiff for his certified prison account statement.
The Court requests that the Treasurer's Office include in
any prison account statement the plaintiff's average
monthly deposits for the six-month period preceding April 25,
2017, as well as the average monthly balance for that same
Failure of the plaintiff to comply with these directives may