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Manuel Guadalupe Sanchez, Jr v. T. Virga

March 16, 2012

MANUEL GUADALUPE SANCHEZ, JR., PLAINTIFF,
v.
T. VIRGA, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to this court by Local Rule 302, pursuant to 28 U.S.C. § 636(b)(1), and plaintiff has consented to all proceedings in this matter being held before a United States Magistrate Judge. See 28 U.S.C. § 636(c).

Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). Accordingly, the request to proceed in forma pauperis will be granted.

Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§ 1914(a), 1915(b)(1). By separate order, the court will direct the appropriate agency to collect the initial partial filing fee from plaintiff's trust account and forward it to the Clerk of the Court. Thereafter, plaintiff will be obligated for monthly payments of twenty percent of the preceding month's income credited to plaintiff's prison trust account. These payments will be forwarded by the appropriate agency to the Clerk of the Court each time the amount in plaintiff's account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2).

The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court has conducted the required screening.

There are two main problems with plaintiff's operative amended complaint filed August 17, 2010. First, it is too long; 83 pages handwritten in small print. This violates the requirement in Rule 8 of the Federal Rules of Civil Procedure that pleadings, generally speaking, be "short and plain." Second, some of plaintiff's claims are not actionable. The court must dismiss a complaint or portion thereof if the prisoner has raised claims that fail to state a claim upon which relief may be granted. 28 U.S.C. § 1915A(b)(1),(2).

In light of the forgoing, plaintiff's amended complaint will be dismissed. Plaintiff will be granted leave to file a second amended complaint. If plaintiff chooses to amend, he must adhere to the following requirements:

1. The second amended complaint shall not exceed 30 pages.

2. Plaintiff need not include sections I, II or IV from his amended complaint.

3. Plaintiff need only provide enough information about each defendant as is necessary to understand plaintiff's claims and plaintiff should not be repetitive with respect to information about defendants. Generally speaking, plaintiff should omit section III in his amended complaint.

4. Plaintiff shall not include any allegations regarding "John Doe" defendants or any references to "John Doe" defendants.

5. Plaintiff, in general, must avoid being repetitive and providing information not relevant to any of his claims. Most of the information provided in plaintiff's amended complaint is not relevant to any actionable claim.

6. Plantiff must avoid making conclusory allegations, that is, allegations which are not supported by facts.

7. Plaintiff should not have a separate section for facts. Any fact supporting any legal claim should be asserted one ...


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