HILL
v.
WARDEN, FCC COLEMAN - USP II
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An inmate proceeding pro se filed a request for injunctive relief concerning a transfer, cell conditions, and lack of medical treatment against federal Bureau of Prisons officials. The district court dismissed the case without prejudice for failure to comply with local rules requiring the use of a civil rights complaint form.
The case is dismissed without prejudice for failure to comply with Local Rule 6.04(a), which requires pro se persons in custody to use a standard civil rights complaint form containing detailed information about defendants, litigation history, statement of claims and facts, and relief requested.
[1] A pro se prisoner must use the standard civil rights complaint form for cases filed pursuant to 42 U.S.C. …
[2] A case may be dismissed without prejudice for failure to comply with local rules requiring the use of a specific complaint form.
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Join FLexlaw to unlock all legal intelligence“A pro se person in custody must use the standard form[.]”
Establishes the mandatory procedural requirement from Local Rule 6.04(a) that pro se prisoners must follow when filing civil rights complaints.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff, an inmate of the Bureau of Prisons at FCC Coleman - USP II, filed a document titled 'Request for Injunctive Relief' in which he complai…
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Plaintiff, an inmate of the Bureau of Prisons, is proceeding pro se. Plaintiff initiated this case by filing a "Request for Injunctive Relief,” in which he complains about a transfer and the conditions of his new cell and alleges a lack of medical treatment. Id.
Plaintiff is advised that the Court requires the use of a civil rights complaint form for cases filed by prisoners pursuant to 42 U.S.C. § 1983 (against state or local officials), or Bivens¹ or federal law (federal officials or entities). See Local Rule 6.04(a) ("A pro se person in custody must use the standard form[.]"). The form requires a plaintiff to include detailed information regarding the defendants a plaintiff intends to sue, the plaintiff's litigation history, a statement of the plaintiff's claims and facts, and the relief the plaintiff requests. Here, Plaintiff has not filed a complaint, nor has he 1 Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971)
provided the Court with all of the information required by the civil rights complaint form.
Accordingly, it is ORDERED:
1. This case is DISMISSED without prejudice.
2. The Clerk shall enter judgment dismissing this case without prejudice, terminate any pending motions, and close the file.
3. The Clerk shall send Plaintiff a Civil Rights Complaint form, instructions, and an application to proceed in forma pauperis (prisoner filings) form. If Plaintiff chooses to refile his claims, he may complete and submit the appropriate forms. Plaintiff should not place this case number on the forms. The Clerk will assign a separate case number if Plaintiff elects to refile his claims. In initiating such a case, Plaintiff should either file a fully completed application to proceed in forma pauperis (if he desires to proceed as a pauper) or pay the proper filing fee (if he does not desire to proceed as a pauper).
DONE AND ORDERED at Tampa, Florida, on January 6, 2025.
Wil
WILLIAM F. JUNG
UNITED STATES DISTRICT JUDGE
Copies furnished to: Plaintiff, pro se
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Citator
Authorities Cited
- Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (U.S. 1971)