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Bradley v. Miller

United States District Court, W.D. Pennsylvania

March 13, 2015

YVONNE ICAN BRADLEY, Plaintiff,
v.
BRIAN S. MILLER, Defendant.

ORDER

LISA PUPO LENIHAN, Magistrate Judge.

Plaintiff initiated this prisoner civil rights action on December 16, 2004, by filing a motion for leave to proceed in forma pauperis ("IFP") accompanied by a civil rights complaint filed pursuant to 42 U.S.C. § 1983. Plaintiff's motion for IFP was granted and her complaint was docketed on December 23, 2014. In that complaint, she sued Brian Miller, Warden of the Fayette County Prison, and Al Ambrosini, Fayette County Prison Board Chair, alleging (1) that CO Lorie Chapman antagonized her, which resulted in her placement in solitary confinement; (2) that Mr. Zavada would not respond to her grievances and restricted her from writing materials; (3) that CO Jessica Outland antagonized her by using racial slurs and throwing her prayer book in the trash; (4) that CO Jessica Outland attempted to have her "jumped" by other female residents; (5) that CO Jessica Outland issued a false misconduct against her to have her confined in solitary confinement; (6) that Warden Miller consistently disregarded her complaints about not being able to use the law library; and (7) that Commissioner Ambrosini disregarded her complaints regarding her living conditions.

On March 12, 2015, Plaintiff filed an "amended complaint", where she has sued Dominick Dilio, M.D., and Ron Delorenzo, LPN, both of the Fayette County Prison. Her allegations in the amended complaint are sparse, but she states that Dr. Dilio prescribed her the wrong medication for the mass below her jaw. At the top of her amended complaint she wrote "Amended Complaint in addition to 12/14 filing". Thus, it appears that Plaintiff desires this "amended complaint" to actually be a supplement to her original complaint. However, because of the obvious difference between the two complaints, Plaintiff is not allowed for her amended complaint to serve as either a supplement to her original complaint or an amended complaint to replace her original complaint. Therefore, the Court will order the Clerk to strike Plaintiff's most recent filing.

In fact, because of the insufficiencies in Plaintiff's original complaint, she will be required to submit an amended complaint. In filing such amended complaint, Plaintiff should keep in mind that it will completely replace the original complaint that she filed in this matter. It will be a standalone document that should not refer back to the original complaint. The following are instructions that Plaintiff should following when amending her complaint.

I. Instructions for Filing Amended Complaint

A. Caption and Heading

Plaintiff must place her full name and address at the top of the amended complaint. Plaintiff must also add the names and addresses of each defendant. Plaintiff must name as defendants only those persons who are responsible for the alleged constitutional violation(s).

B. Jurisdiction

Plaintiff must inform the Court why the case should be heard in federal court rather than state court or some other forum. If Plaintiff's action is generally one for a violation of civil rights, 42 U.S.C. § 1983 will normally be the basis for the claim. In order for Plaintiff's action to be heard in federal court under Section 1983, she must be able to show that the defendant(s), at the time of the claims alleged in the amended complaint, were acting under the authority or color of state law.

C. Parties

As the person initiating the lawsuit, Plaintiff must identify herself as such. Also, for each defendant named in the amended complaint, Plaintiff should list their current address and description of their employment. In addition, Plaintiff should explain briefly how or in what capacity each defendant acted under authority given to them by state or local government.

D. Statement of Claim

Plaintiff must state what rights under the Constitution, laws, or treaties of the United States have been violated. It is improper for Plaintiff to merely list constitutional rights or federal rights. Plaintiff must provide ...


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