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Mincy v. Deparlos

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


December 3, 2008

HILTON KARRIEM MINCY, PLAINTIFF,
v.
WARDEN DEPARLOS, ET AL., DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 3rd day of December, 2008, upon consideration of defendants' motion (Doc. 15) for a more definite statement pursuant to Federal Rule of Civil Procedure 12(e) or, in the alternative, to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), in which defendants contend that plaintiff's complaint is vague and ambiguous in that they are unable to discern which allegations involve plaintiff,*fn1 and that the complaint fails to state a claim upon which relief can be granted, and upon consideration of plaintiff's motion to amend his complaint (Doc. 18), it is hereby ORDERED that:

1. Defendants' motion (Doc. 15) is granted in part and denied in part. The motion for a more definite statement pursuant to Federal Rule of Civil Procedure 12(e) is GRANTED. The motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) is DENIED without prejudice.

2. Plaintiff's motion to amend (Doc. 18) is GRANTED.

3. Within twenty days of the date of this order, plaintiff shall file an amended complaint, which shall carry the same civil docket number presently assigned to this matter (1:08-CV-0507).

4. The amended complaint shall be a short, plain, and concise statement of the claim and shall be a new pleading which stands by itself as an adequate complaint without reference to the complaint already filed. FED. R. CIV. P. 8(e)(1). References such as "Same as Stated in Original Complaint" are not acceptable. (See Doc. 18, proposed amended complaint, ¶¶ 3-16).

5. Failure to file the amended complaint in the allotted time period will result in the matter proceeding on the original complaint and reinstatement of defendants' motion to dismiss.

CHRISTOPHER C. CONNER United States District Judge


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