Meyers v. Avina

Background

Leon Lee Meyers, a state prisoner proceeding without a lawyer, filed a civil-rights complaint under 42 U.S.C. § 1983. The court previously denied his request to proceed without paying the filing fee because he was barred under the three-strikes provision of 28 U.S.C. § 1915(g). The case was then dismissed without prejudice because he had not paid the full filing fee. After Meyers paid the fee, the court reopened the case and screened the complaint.

Screening standard

Under the federal prisoner-screening statute, 28 U.S.C. § 1915A, the court reviews a prisoner’s claims against governmental entities and officials before the case proceeds. The court must dismiss claims that are frivolous, malicious, fail to state a legally sufficient claim, or seek money from a defendant who is immune from that relief. The court also explained that a Section 1983 claim requires allegations that a federal right was violated by someone acting under state law.

Claims and analysis

Meyers asserted numerous claims against approximately 29 defendants. He alleged that his prison-issued electronic tablet secretly recorded him, based on statements and conduct by correctional officers; that officers used excessive force; that supervisors falsified records; that prison staff retaliated against him; that the tablet company violated its terms of use; that mental-health staff failed to document his concerns; that he experienced racial profiling; that the prison grievance system was unconstitutional; that he was denied medical care; that staff made additional false disciplinary accusations; and that prison staff conspired against him.

The court held that these allegations presented unrelated claims against different defendants. Federal Rule of Civil Procedure 8 requires enough information to give defendants fair notice of the claims, and Rule 20 generally does not allow unrelated claims against different defendants in the same lawsuit. The court therefore dismissed the complaint with leave to amend. It instructed Meyers to focus an amended complaint on only a few related claims, identify the specific defendants involved, and explain how each defendant violated his rights.

Disposition

The case was reopened, and the complaint was dismissed with leave to amend. The amended complaint must be filed within 28 days after the order was filed, use the required caption and case number, and include the words “Amended Complaint” on its first page. The amended complaint must include all claims Meyers wants to pursue because it will replace the original complaint; it may not incorporate the original complaint by reference. The court warned that failing to amend within the deadline may result in dismissal. It also reminded Meyers that he must prosecute the case and separately notify the clerk of any address change, or the action may be dismissed for failure to prosecute. Judge James Donato issued the order.