Case 5:06-cv-00156-TBR Document 18 Filed 10/03/08 Page 1 of 3 PageID #: 260
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF KENTUCKY
`AT PADUCAH
`CIVIL ACTION NO. 5:06CV-156-R
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`ULYSSES S.G. DAVIS III
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`v.
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`PATTI TREAT et al.
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`PLAINTIFF
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`DEFENDANTS
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`MEMORANDUM AND ORDER
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`Plaintiff Ulysses S.G. Davis III filed this pro se action pursuant to 42 U.S.C. § 1983.
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`This matter is before the Court for screening pursuant to 28 U.S.C. § 1915(e)(2)(B) and McGore
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`v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997).
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`Plaintiff’s complaint consists of a 153-page handwritten complaint and approximately
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`two inches of exhibits, consisting largely of grievances Plaintiff has filed over the past several
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`years. Plaintiff names 139 Defendants, the majority of which are Kentucky Department of
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`Corrections (KDOC) officials and employees and the remainder of which are President George
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`W. Bush and other members of the Executive Branch, including Vice President Dick Cheney and
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`various current and former Cabinet members and Executive staff; a federal judge in Virginia;
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`FBI agents; Assistant United States Attorneys; and Governor Fletcher, Lt. Governor Pence,
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`various Kentucky Cabinet members, and the Kentucky Attorney General. The complaint is
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`disjointed, difficult to follow, and full of repetitive, broad allegations against “All Defendants.”
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`Federal Rule of Civil Procedure 8(a) provides that:
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`A pleading that states a claim for relief must contain: (1) a short and plain statement
`of the grounds for the court's jurisdiction, unless the court already has jurisdiction
`and the claim needs no new jurisdictional support; (2) a short and plain statement of
`the claim showing that the pleader is entitled to relief; and (3) a demand for the relief
`sought, which may include relief in the alternative or different types of relief.
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`Case 5:06-cv-00156-TBR Document 18 Filed 10/03/08 Page 2 of 3 PageID #: 261
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`Similarly, Rule 8(d)(1) specifies that “[e]ach allegation must be simple, concise, and direct.” As
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`explained by the Second Circuit:
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`The statement should be plain because the principal function of pleadings under the
`Federal Rules is to give the adverse party fair notice of the claim asserted so as to
`enable him to answer and prepare for trial . . . The statement should be short because
`unnecessary prolixity in a pleading places an unjustified burden on the court and the
`party who must respond to it because they are forced to select the relevant material
`from a mass of verbiage.
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`Salahuddin v. Cuomo, 861 F.2d 40, 42 (2d Cir. 1988).
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`Plaintiff’s complaint and attachments are diffuse, unorganized, and voluminous, and his
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`complaint references page after page of legal citations and repeatedly muddles allegations/
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`claims. The Court has great difficulty finding any portion of the complaint that simply,
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`concisely, and directly sets forth Plaintiff’s claims. If a complaint is not short and plain, the
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`Court has the power, on motion or sua sponte, to strike any portions that are redundant or
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`immaterial, or to dismiss the complaint. Salahuddin, 861 F.2d at 42. “Dismissal, however, is
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`usually reserved for those cases in which the complaint is so confused, ambiguous, vague or
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`otherwise unintelligible that its true substance, if any, is well disguised.” Id. The Court believes
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`that this is one of those instances where dismissal would be warranted. The Court realizes,
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`however, that Plaintiff is proceeding pro se and may not be familiar with the technical aspects of
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`drafting a well-organized pleading. Accordingly, the Court will provide Plaintiff with an
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`opportunity to amend his complaint before entirely dismissing this action.
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`IT IS THEREFORE ORDERED that within 30 days from the entry of this Order,
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`Plaintiff shall file an amended complaint with the Court. The amended complaint will
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`supersede the original complaint. Plaintiff is WARNED that his failure to comply with this
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`Order WILL RESULT IN DISMISSAL OF THIS ACTION for failure to comply with the
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`requirements of Rule 8.
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`Case 5:06-cv-00156-TBR Document 18 Filed 10/03/08 Page 3 of 3 PageID #: 262
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`To assist Plaintiff, the Clerk of Court is DIRECTED to provide Plaintiff with the
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`instructions and a form for filing a prisoner civil rights complaint under 42 U.S.C. § 1983. The
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`Clerk of Court is further DIRECTED to affix the instant case number and write “Amended
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`Complaint” in the caption of the § 1983 form.
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`The Court reminds Plaintiff that in drafting his amended complaint he must allege how
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`each Defendant was personally involved in the acts about which he complains. Rizzo v. Goode,
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`423 U.S. 362, 375, (1976). Plaintiff is further reminded that any amended complaint need only
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`describe Plaintiff’s claims in simple, direct, and concise terms. Extensive citation and discussion
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`of legal authority is unnecessary and improper in a complaint/amended complaint. Plaintiff is
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`further reminded that he need not submit his grievances to the Court at this time and is
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`WARNED that the Court will not comb through hundreds of pages of the amended
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`complaint and its exhibits to search out a claim for Plaintiff.
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`In short, in the body of Plaintiff’s amended complaint, he must simply and briefly
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`state (1) the rights he claims were violated; (2) the individuals responsible for the
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`violations; and (3) briefly describe the conduct of those individuals, including the date(s) on
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`which the alleged incidents occurred. The amended complaint should be no more than 25
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`pages in length.
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`Date:
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`Plaintiff, pro se
`cc:
`4413.005
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`3