Fuqua v. United Parcel Service, Inc.

Background

Tammi Fuqua filed a motion for leave to proceed in forma pauperis, meaning a request to proceed without paying the usual filing fees. The court noted that Judge Corley had already granted Fuqua’s original request for that status.

Court’s action

The court TERMINATED Fuqua’s motion for leave to proceed in forma pauperis because her original request had already been granted. The court did not decide the underlying claims against United Parcel Service, Inc.

The court DIRECTED Fuqua to file a standalone amended complaint addressing the defects identified in Judge Corley’s October 8, 2019 order and summarized in Judge Corley’s November 25, 2019 report and recommendation. The deadline was March 14, 2023. The court stated that failing to file an amended complaint consistent with the order by that deadline may result in dismissal of the action without further notice.

Instructions for the amended complaint

The court explained that Federal Rule of Civil Procedure 8(a) requires a short and plain statement of the legal claims. For each claim, Fuqua was instructed to identify the defendant being sued and specify that defendant’s relevant actions or failures to act. The court stated that it would not search through exhibits to determine the legal claims or the people or entities Fuqua sought to sue.

The amended complaint would completely replace the earlier complaint. Fuqua therefore had to include every claim and defendant she wished to pursue and could not incorporate material from earlier pleadings by reference. The court also reiterated that she did not need to file another request to proceed without paying filing fees.

Disposition

The court terminated the motion for leave to proceed in forma pauperis and directed Fuqua to file an amended complaint by March 14, 2023. Judge Haywood S. Gilliam, Jr. signed the order.