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OLIVER v. UNNAMED DEFENDANTS

United States District Court, E.D. Pennsylvania


April 8, 2004.

ANDRE OLIVER A.K.A. RONALD SUPPRI
v.
UNNAMED DEFENDANTS FROM THE BUCKS COUNTY CORRECTIONAL FACILITY, et al

The opinion of the court was delivered by: JOHN PADOVA, District Judge

MEMORANDUM

Plaintiff has filed a pro se 42 U.S.C. § 1983 civil rights complaint against unnamed defendants from the Bucks County Correctional Facility and from the Bucks County Sheriff's Department. He alleges that he was exposed to hazardous conditions at the Bucks County Correctional Facility.

Plaintiff's complaint is deficient in that it fails to name the defendants in the caption of his complaint as required by Rule 10 of the Federal Rules of Civil Procedure.

  Since plaintiff is pro se, he will be given leave to file an amended complaint. In his amended complaint, if he chooses to file one, he should: 1) provide the identities of the unnamed defendants, and 2) fully describe how each defendant was involved in his claims.

  For the foregoing reasons and in accordance with this memorandum, plaintiff will be given leave to file an amended complaint. ORDER

  AND NOW, this day of April, 2004, in accordance with the Memorandum filed this date,

IT IS ORDERED that:
1. Leave to proceed in forma pauperis is GRANTED.
  2. This complaint is DISMISSED pursuant to 28 U.S.C. § 1915 (e), with leave to amend as specified in the Memorandum within sixty (60) days of the date of this Order. Upon the filing of an amendment, the Clerk shall not make service until so ORDERED by the Court.

20040408

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