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Purveegiin v. York County Prison

June 28, 2007

BATSAIHAN PURVEEGIIN, PLAINTIFF,
v.
YORK COUNTY PRISON, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Judge Vanaskie

MEMORANDUM

I. Introduction

Plaintiff, Batsaihan Purveegiin, commenced this proseaction by filing a civil rights complaint pursuant to the provisions of 42 U.S.C. § 1983. Plaintiff claimed that while he was previously incarcerated at York County Prison ("YCP") in York, Pennsylvania, Defendants interfered with his mail, denied adequate medical care, tortured him, poisoned his food, dispersed nerve gas, and discriminated against him based upon his race. Plaintiff sought declaratory, injunctive and compensatory relief.

In a Memorandum and Order dated January 30, 2007, this Court determined that Plaintiff's complaint failed to comply with the requirements of Federal Rules of Civil Procedure 8, 10 and 20. (Dkt. Entry 45.) Plaintiff was directed to file an amended complaint within twenty (20) days from the date of the Order. The Memorandum and Order forewarned Plaintiff that failure to timely file an amended complaint that complies with the Federal Rules of CivilProcedure would result in closure of the case.

Plaintiff filed a First Amended Complaint (Dkt. Entry 50) on February 13, 2007, and a Second Amended Complaint (Dkt. Entry 51) on February 13, 2007. Since Plaintiff was granted an enlargement of time to March 9, 2007, to comply with the Court's Order (Dkt. Entry 45) directing him to file an amended complaint, Plaintiff's Second Amended Complaint (Dkt. Entry 51) will be accepted by the Court. The Second Amended Complaint is 87 pages long and contains a number of claims against 13 Defendants. The issue before the Court at this time is whether Plaintiff cured the pleading deficiencies of the original pleading. Finding that Plaintiff has failed to do so, the Court will dismiss this action.

II. Discussion

Pro se litigants, such as Plaintiff, are accorded substantial deference in federal court.

Haines v. Kerner, 404 U.S. 519 (1972); Hughes v. Rowe, 449 U.S. 5 (1980). They are not, however, free to ignore the Federal Rules of Civil Procedure. Although Purveegiin has now complied with Rule 10(b)'s requirement of setting forth allegations in separately numbered paragraphs, he has not adhered to the minimal demands of Rules 8 and 20.

Rule 8(a) requires a short and plain statement of the Plaintiff's claims. Purveegiin's 178-paragraph prolix amended complaint does not meet the mandates of this rule. The following are some examples, of the rambling, disjointed, and befuddling averments, replete with typographical and other errors, presented in the amended complaint:

48. Defendant Joseph C. Hohenstein, NSC; Bruce; Tourneyhome Diane start infringer his name online publicly abuse his fame without compensate with his consents. Ripe & rape his millions. This main reason the are not handle his legal and personal out and income mails.

69. 1997-99 (29) months Plaintiff humiliated by Defendant Neg. Joseph C. Hohenstein his start steal Plaintiffs talent productions, his legacy. (a) Pastor Joan Maruskin introdused by Defendants & Neg (TCH) to Plaintiff she stole all plaintiff's master line drawings. 1997-99. (b.) New Jersey ZNK political asylum office Ph.D. William Westerman also same as Maruskin steal all traditional line arts.

81. Plaintiff was seen all Defendants is Israelist Zionists group-s who the are illegally act destroy American Civil Liberty build slavery torture discrimination, mass deportation experimentation humiliation's subject immigrants Prolonged Limbo the are made huge properity on Plaintiffs limb by missels, bombs, weapons mass destruction smart durthy bomb-s send it to Israel bomb innocent children woman olderly civilians them next poor states. Plaintiff voice now Federall Government disallow it stop here. Investigate all Defendants income tax.

Defendants would be hard pressed to form a meaningful response to a pleading constructed as is the Second Amended Complaint filed by Purveegiin.

Nor has Plaintiff heeded this Court's admonition about joining unrelated claims and parties in one complaint. Federal Rule of Civil Procedure 20, titled Permissive ...


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