Rusch v. P.O. Fed Office Mr. Torres

Rusch v. P.O. Fed Office Mr. Torres

Plaintiff:	Mark Lee Rusch
Defendant:	P.O. Fed Office Mr. Torres
Case Number:	1:2011cv00091
Filed:	January 3, 2011
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Carol Bagley Amon
Presiding Judge:	Viktor V. Pohorelsky
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By:	None

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Date Filed	Document Text
February 4, 2011	Filing 5 MEMORANDUM & ORDER: In light of the plaintiffs pro se status, the plaintiff is given 30 days leave to file an amended complaint. The plaintiff is directed that the amended complaint must comply with Rule 8(a) of the Federal Rules of Civil Procedure, in that it must clearly state the grounds for relief and include legible factual allegations. He must clearly identify those individuals who were personally responsible for the alleged violations of his constitutional rights and describe the roles t hat they played. Moreover, the plaintiff is directed to show cause why his claims should not be dismissed as time barred by the statute of limitations. Should he have any basis for equitably tolling the statute of limitations, the plaintiff must pro vide the Court with this information.The amended complaint must be captioned as an Amended Complaint, name all individual defendants in the caption, and bear the same docket number as this Order. No summonses shall issue at this time and all further proceedings shall be stayed for 30 days. If the plaintiff fails to amend the complaint within 30 days as directed by this order, the Court shall dismiss this complaint pursuant to 28 U.S.C. § 1915A. The Court certifies pursuant to 28 U.S.C. & #167; 1915 (a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. So Ordered by Judge Carol B. Amon on 2/4/2011. Copy mailed to pro se plaintiff. (Amon, Carol)

Date Filed

Document Text

February 4, 2011

Filing 5 MEMORANDUM & ORDER: In light of the plaintiffs pro se status, the plaintiff is given 30 days leave to file an amended complaint. The plaintiff is directed that the amended complaint must comply with Rule 8(a) of the Federal Rules of Civil Procedure, in that it must clearly state the grounds for relief and include legible factual allegations. He must clearly identify those individuals who were personally responsible for the alleged violations of his constitutional rights and describe the roles t hat they played. Moreover, the plaintiff is directed to show cause why his claims should not be dismissed as time barred by the statute of limitations. Should he have any basis for equitably tolling the statute of limitations, the plaintiff must pro vide the Court with this information.The amended complaint must be captioned as an Amended Complaint, name all individual defendants in the caption, and bear the same docket number as this Order. No summonses shall issue at this time and all further proceedings shall be stayed for 30 days. If the plaintiff fails to amend the complaint within 30 days as directed by this order, the Court shall dismiss this complaint pursuant to 28 U.S.C. § 1915A. The Court certifies pursuant to 28 U.S.C. & #167; 1915 (a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. So Ordered by Judge Carol B. Amon on 2/4/2011. Copy mailed to pro se plaintiff. (Amon, Carol)

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Defendant: P.O. Fed Office Mr. Torres
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Plaintiff: Mark Lee Rusch
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