United States District Court, W.D. Arkansas, Texarkana Division
BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE
Thomas Waylon Boyd, currently an inmate in the Bowie County
Correctional Center in Texarkana, Texas, filed a pro
se civil action in the Eastern District of Arkansas on
July 1, 2019. (ECF No. 2). The case was transferred to the
Western District of Arkansas, Texarkana Division, on July 9,
2019. (ECF No. 5). Although, Plaintiff did not specifically
state under what federal statute he was seeking relief, the
Court interpreted his Complaint as an attempt to file a civil
rights action under 42 U.S.C. § 1983.
Complaint was not submitted on the form approved for this
District and Plaintiff did not specifically state what each
named defendant did or failed to do which allegedly violated
his constitutional rights. In addition, Plaintiff did not
indicate what injuries he suffered as a result of their
conduct or inaction. Finally, many of his claims appeared to
be frivolous and were asserted against individuals who are
immune from suit. For these reasons, Plaintiff was directed
to submit a First Amended Complaint. (ECF No. 9).
25, 2019, Plaintiff filed his First Amended Complaint. (ECF
No. 10). However, Plaintiff did not fill out page one of the
First Amended Complaint and did not use the remainder of the
form provided by the Court. Plaintiff's First Amended
Complaint was an incomprehensible, unintelligible and
confusing eighty-four (84) page narrative complaint which did
not clearly identify the named defendants or Plaintiff's
claims against them.
29, 2019, the Court ordered Plaintiff to submit a Second
Amended Complaint on or before August 19, 2019. (ECF No. 11).
This order specifically directed Plaintiff to submit no more
than a total of twenty (20) pages to state his claims in the
Second Amended Complaint. On August 23, 2019, Plaintiff
submitted a Second Amended Complaint consisting of
fifty-eight (58) pages. (ECF No. 12).
has failed to comply with this Court's order to submit a
total of twenty (20) pages to state his claims in the Second
Amended Complaint. Accordingly, the Clerk is DIRECTED to
strike Plaintiff's Second Amended Complaint. (ECF No.
Court will give Plaintiff one more opportunity to submit a
Second Amended Complaint that complies with the Court's
orders. Plaintiff is directed to submit a Second Amended
Complaint on or before September 20, 2019. The Clerk is
directed to mail the Plaintiff a court-approved 1983 form,
complete with an additional thirteen (13) blank pages, to use
for filing the Second Amended Complaint. Plaintiff is limited
to these 20 pages (complaint form and 13 additional pages) to
state his Second Amended Complaint. In the Second Amended
Complaint Plaintiff is required to:
1) Completely fill out the entire form referring only to No.
4:19-cv-04077 in the case caption. DO NOT ATTEMPT TO FILE
ADDITIONAL LAWSUITS IN THIS CASE.
2) Identify each named Defendant indicating his or her name,
position and relationship to Plaintiff, place of employment
and address on consecutive pages.
3) THEN, write short, plain statements telling the Court, the
constitutional right Plaintiff believes was violated by the
named Defendant, exactly what the Defendant did or failed to
do, how the action or inaction of that Defendant is connected
to the violation of Plaintiff's constitutional rights and
what specific injury Plaintiff suffered because of that
individual Defendant's conduct. (Again, Plaintiff must
repeat this process for each person he has named as a
Defendant). Plaintiff is further CAUTIONED if he fails to do
so, the allegations against that Defendant will be dismissed
for failure to state a claim.
4) DO NOT INCLUDE ANY MOTIONS WITH THE SECOND AMENDED
COMPLAINT (this includes but is not limited to motions for
subpoenas or motions to appoint counsel).
5) DO NOT INCLUDE A REQUEST FOR HABEAS RELIEF IN THE SECOND
must clearly designate on the face of the document that it is
a Second Amended Complaint. The Second Amended Complaint must
be retyped or rewritten in its entirely on the court-approved
form. Plaintiff may not refer back to any part of the
original complaint or the First Amended Complaint. A Second
Amended Complaint supersedes, or takes the place of, the
original and First Amended Complaint. After amendment, the
Court will treat the original and First Amended Complaint as
nonexistent. Any cause of action that was raised in the
original and First Amended Complaint is waived if it is not
raised in the Second Amended Complaint.
case shall be subject to dismissal if Plaintiff fails to
return the Second Amended Complaint by the Court's
imposed deadline of September 20, 2019, or if he fails to
submit a Second Amended Complaint that complies with the
restrictions set forth ...