United States District Court, E.D. Pennsylvania
April 8, 2004.
ANDRE OLIVER A.K.A. RONALD SUPPRI
UNNAMED DEFENDANTS FROM THE BUCKS COUNTY CORRECTIONAL FACILITY, et al
The opinion of the court was delivered by: JOHN PADOVA, District Judge
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
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.
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