United States District Court, S.D. Georgia, Augusta Division
K. EPFS, UNITED STATES MAGISTRATE JUDGE.
currently incarcerated at Augusta State Medical Prison
(“ASMP”) in Grovetown, Georgia, commenced the
above-captioned case pursuant to 42 U.S.C. § 1983.
Because Plaintiff is proceeding IFP, Plaintiff's
complaint must be screened to protect potential defendants.
Phillips v. Mashburn, 746 F.2d 782, 785 (11th Cir.
1984); Al-Amin v. Donald, 165 Fed.Appx. 733, 736
(11th Cir. 2006).
SCREENING OF THE COMPLAINT
names as Defendants (1) Scott Wilkes, Warden; (2) Ruthie
Shelton, Deputy Warden; (3) Augusta State Medical Prison; (4)
Mary Alston, Medical Director; (5) Sharon Lewis, GDOC Medical
Director; (6) Mrs. Young, ASMP Mental Health Director; (7)
Stan Shepard, Regional Director; (8) Mrs. Fisherman, Mental
Health Counselor; (9) Nathan Deal, Governor; (10) Gregory
Dozier, Commissioner; (11) Mrs. Cody, Unit Manager; (12) Mr.
Red, Unit Manager; (13) Srgt. Morton, Unit Srgt.; (14) COI
Kelley; (15) COI Cummings; (16) Dr. Williams, Clinical
Director; (17) Head Nurse Wilson; (18) Counselor Cousins;
(19) Counselor Hamilton; and (20) Davis, Regional Director.
(Doc. no. 1, pp. 1, 4; doc. no. 1-1.) Taking all of
Plaintiff's factual allegations as true, as the Court
must for purposes of the present screening, the facts are as
March 21, 2017, Defendant Cummings let an inmate into
Plaintiff's cell to rape Plaintiff. (Doc. no. 1, p. 5.)
In addition, it took Plaintiff more than two years to start
hormone treatment, and Plaintiff was denied a castration
procedure. (Id.) Plaintiff is not given medical and
mental health appointments nor housed appropriately.
(Id.) Plaintiff has spoken with Defendants Wilkes,
Shelton, Cousins, and Wilson about these problems receiving
treatment, but to no avail. (Id. at 7.)
LEAVE TO AMEND COMPLAINT
alleges deliberate indifference to safety and medical needs
claims against Defendants. However, Plaintiff never alleges
any wrongful acts or omissions by any Defendant other than
COI Cummings. See Douglas v. Yates, 535 F.3d 1316,
1321-22 (11th Cir. 2008) (“While we do not require
technical niceties in pleading, we must demand that the
complaint state with some minimal particularity how overt
acts of the defendant caused a legal wrong.”). The
Court therefore will give Plaintiff an opportunity to amend
the complaint and properly allege wrongful acts or omissions
by Defendants. Concerning Plaintiff's hormone treatment
and desired castration, Plaintiff should include as much
information as possible about Plaintiff's alleged medical
diagnoses, symptoms, treatment rendered, and treatment
sought, as well connect any named Defendant to the alleged
wrong suffered. As to all remaining allegations, Plaintiff
should describe in detail what happened, when, where, and who
is responsible. Accordingly, the Court
ORDERS Plaintiff to amend the complaint
within fourteen days of the date of this Order. Plaintiff must
use the standard form provided along with this Order, with no
more than six handwritten pages attached. See Goodison v.
Washington Mut. Bank, 232 Fed.Appx. 922, 923 (11th Cir.
2007) (affirming dismissal of case where plaintiff failed to
heed pleading instructions from court to re-draft complaint
to make more concise); see also London v. Georgia
Dep't of Corr., CV 502-107, doc. no. 10 (M.D. Ga.
May 10, 2002) (directing amended complaint shall not exceed
six handwritten pages). If Plaintiff wishes to pursue this
case, Plaintiff MUST file an amended
complaint, which MUST be filed in accordance
with the following instructions.
amended complaint must be printed legibly so that the Court
may discern Plaintiff's claims, and it will supersede and
replace in its entirety the previous pleadings filed by
Plaintiff. Krinsk v. SunTrust Banks, Inc., 654 F.3d
1194, 1202 (11th Cir. 2011); Lowery v. Ala. Power
Co., 483 F.3d 1184, 1219 (11th Cir. 2007) (“an
amended complaint supersedes the initial complaint and
becomes the operative pleading in the case”). It must
contain a caption that clearly identifies, by name, each
individual that Plaintiff is suing in the present lawsuit.
Furthermore, the body of Plaintiff's amended complaint
must contain sequentially numbered paragraphs containing only
one act of misconduct per paragraph. The numbered paragraphs
in the amended complaint should include information such as:
(i) the alleged act of misconduct; (ii) the date on which
such misconduct occurred; (iii) the names of each and every
individual who participated in such misconduct; and (iv)
where appropriate, the location where the alleged misconduct
occurred. While Plaintiff may attach exhibits to the amended
complaint, Plaintiff shall not incorporate them by reference
as a means of providing the factual basis for the complaint.
For example, Plaintiff should not simply state, “See
attached documents.” Thus, Plaintiff must name the
individuals whom Plaintiff seeks to include as defendants
herein in both the caption and the body of the amended
complaint; Plaintiff may not rely on the fact that
individuals are named in the exhibits attached to the amended
complaint as a means of including such persons as defendants
to this lawsuit. The Court will not independently examine
exhibits that Plaintiff does not specifically reference (by
the exhibit's page number) in the amended complaint.
is further cautioned that no portion of any prior complaint
shall be incorporated into the amended complaint by
reference. Moreover, Plaintiff shall submit only one amended
complaint in accordance with the terms of this Order.
Therefore, Plaintiff shall state in the single amended
complaint filed in accordance with the terms of this Order
all claims that Plaintiff wishes the Court to consider as a
basis for awarding the relief sought. Once Plaintiff has
complied with the conditions of this Order, the Court will
review the amended complaint to determine which, if any,
claims are viable and which, if any, defendants should be
served with a copy of the amended complaint. If no response
is timely received from Plaintiff, the Court will presume
that Plaintiff desires to have this case voluntarily
dismissed and will recommend dismissal of this action,
without prejudice. Plaintiff is cautioned that while this
action is pending, Plaintiff shall immediately inform this
Court of any change of address. Failure to do so will result
in dismissal of this case.