1 JL 2 WO 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Nina Mae Becker, No. CV-25-03529-PHX-JAT (ESW) 10 Plaintiff, 11 v. ORDER 12 Kristin Mayes, et al., 13 Defendants.
15 Plaintiff Nina Mae Becker, who is confined in a Maricopa County Jail,1 has filed a 16 pro se civil rights Complaint (Doc. 1) and an Application to Proceed In Forma 17 Pauperis (Doc. 2). The Court will dismiss the Complaint with leave to amend. 18 I. Application to Proceed In Forma Pauperis and Filing Fee 19 The Court will grant Plaintiff’s Application to Proceed In Forma Pauperis. 28 20 U.S.C. § 1915(a). Plaintiff must pay the statutory filing fee of $350.00. 28 U.S.C. 21 § 1915(b)(1). The Court will not assess an initial partial filing fee. Id. The statutory filing 22 fee will be collected monthly in payments of 20% of the previous month’s income credited 23 to Plaintiff’s trust account each time the amount in the account exceeds $10.00. 28 U.S.C. 24 25
26 1 Plaintiff was in custody at the Estrella Jail when she filed the Complaint. On 27 October 14, 2025, Plaintiff filed a Notice of Change of Address with a residential address. However, according to the Maricopa County Sheriff’s Office website, Plaintiff remains in 28 custody at the Estrella Jail. See https://www.mcso.org/InmateInfo (search by Booking Number G143308) (last accessed Oct. 16, 2025). The Court will direct the Clerk of Court to correct the docket to reflect that Plaintiff is in custody. 1 § 1915(b)(2). The Court will enter a separate Order requiring the appropriate government 2 agency to collect and forward the fees according to the statutory formula. 3 II. Statutory Screening of Prisoner Complaints 4 The Court is required to screen complaints brought by prisoners seeking relief 5 against a governmental entity or an officer or an employee of a governmental entity. 28 6 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if a plaintiff 7 has raised claims that are legally frivolous or malicious, fail to state a claim upon which 8 relief may be granted, or seek monetary relief from a defendant who is immune from such 9 relief. 28 U.S.C. § 1915A(b)(1)–(2). 10 A pleading must contain a “short and plain statement of the claim showing that the 11 pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2) (emphasis added). While Rule 8 does 12 not demand detailed factual allegations, “it demands more than an unadorned, the- 13 defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 14 (2009). “Threadbare recitals of the elements of a cause of action, supported by mere 15 conclusory statements, do not suffice.” Id. 16 “[A] complaint must contain sufficient factual matter, accepted as true, to ‘state a 17 claim to relief that is plausible on its face.’” Id. (quoting Bell Atlantic Corp. v. Twombly, 18 550 U.S. 544, 570 (2007)). A claim is plausible “when the plaintiff pleads factual content 19 that allows the court to draw the reasonable inference that the defendant is liable for the 20 misconduct alleged.” Id. “Determining whether a complaint states a plausible claim for 21 relief [is] . . . a context-specific task that requires the reviewing court to draw on its judicial 22 experience and common sense.” Id. at 679. Thus, although a plaintiff’s specific factual 23 allegations may be consistent with a constitutional claim, a court must assess whether there 24 are other “more likely explanations” for a defendant’s conduct. Id. at 681. 25 But as the United States Court of Appeals for the Ninth Circuit has instructed, courts 26 must “continue to construe pro se filings liberally.” Hebbe v. Pliler, 627 F.3d 338, 342 27 (9th Cir. 2010). A “complaint [filed by a pro se prisoner] ‘must be held to less stringent 28 1 standards than formal pleadings drafted by lawyers.’” Id. (quoting Erickson v. Pardus, 551 2 U.S. 89, 94 (2007) (per curiam)). 3 If the Court determines that a pleading could be cured by the allegation of other 4 facts, a pro se litigant is entitled to an opportunity to amend a complaint before dismissal 5 of the action. See Lopez v. Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc). The 6 Court will dismiss Plaintiff’s Complaint for failure to state a claim, but because it may 7 possibly be amended to state a claim, the Court will dismiss it with leave to amend. 8 III. Complaint 9 In her Complaint,2 Plaintiff sues Arizona Attorney General Kristin Mayes, President 10 of the Arizona Senate Warren Petersen, Speaker of the Arizona House of Representatives 11 Steve Montenegro, and Maricopa County Sheriff Gerard Sheridan. Plaintiff brings claims 12 regarding her access to the courts, freedom of the press, and retaliation. She seeks 13 “compensation for unlawful imprisonment,” and—if she “loses her criminal case” or 14 receives a “harsher sentence”—compensation for “additional unlawful imprisonment.” 15 Plaintiff designates Count One as a Sixth Amendment access-to-the-courts claim. 16 Plaintiff alleges that the Sheriff refuses to provide access to the Maricopa County Superior 17 Court docket. Plaintiff asserts that criminal defendants who are not in custody have public 18 access to the docket with daily updates. She claims she has requested the docket in three 19 cases and has “received copies of 2 cases in 2 days.” Plaintiff alleges she is “still waiting” 20 for the docket in the third case, which she requested on August 19, 2025. She contends 21 that she has a trial date in October, and if she does not have daily access to the docket, she 22 will not be prepared or “get a fair trial.” 23 Plaintiff designates Count Two as a “Bill of Rights” claim and identifies the issue 24 involved as “freedom of the press.” Plaintiff inquires, “We have freedom of religion in 25 26
27 2 Plaintiff has checked the box on the form complaint for “other” as the source of the Court’s jurisdiction over the Complaint and has written in a purported jurisdictional 28 basis, but the writing is illegible. Based on Plaintiff’s allegations, the Court will construe the Complaint as brought pursuant to 42 U.S.C. § 1983. 1 prison[;] why don’t we have freedom of the press[?]” As her injury, Plaintiff alleges that 2 “without knowing current events[,] it is harder to fight cases intelligently.” 3 Plaintiff designates Count Three as a Fourth Amendment retaliation claim. Plaintiff 4 alleges she has been “illegally held” since she “got a release order” on December 3, 2024, 5 because “the Sheriff [does not] like [her] political beliefs.” 6 IV. Failure to State a Claim 7 To prevail in a § 1983 claim, a plaintiff must show that (1) acts by the defendants 8 (2) under color of state law (3) deprived her of federal rights, privileges or immunities and 9 (4) caused her damage. Thornton v. City of St. Helens, 425 F.3d 1158, 1163-64 (9th Cir. 10 2005) (quoting Shoshone-Bannock Tribes v. Idaho Fish & Game Comm’n, 42 F.3d 1278, 11 1284 (9th Cir. 1994)). In addition, a plaintiff must allege that she suffered a specific injury 12 as a result of the conduct of a particular defendant and she must allege an affirmative link 13 between the injury and the conduct of that defendant. Rizzo v. Goode, 423 U.S. 362, 371- 14 72, 377 (1976). 15 A. Defendants Mayes, Peterson, and Montenegro 16 Plaintiff does not connect any of the allegations in the Complaint to Defendants 17 Mayes, Peterson, and Montenegro. Plaintiff therefore fails to state a claim against 18 Defendants Mayes, Peterson, and Montenegro, and these Defendants will be dismissed. 19 B. Defendant Sheridan 20 There is no respondeat superior liability under § 1983, and therefore, a defendant’s 21 position as the supervisor of persons who allegedly violated Plaintiff’s constitutional rights 22 does not impose liability. Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978); Hamilton 23 v. Endell, 981 F.2d 1062, 1067 (9th Cir. 1992); Taylor v. List, 880 F.2d 1040, 1045 (9th 24 Cir. 1989). “Because vicarious liability is inapplicable to Bivens and § 1983 suits, a 25 plaintiff must plead that each Government-official defendant, through the official’s own 26 individual actions, has violated the Constitution.” Iqbal, 556 U.S. at 676. 27 In Count One, Plaintiff alleges that Defendant Sheridan does not allow detainees to 28 access the dockets in their criminal cases. A defendant’s right of access to the courts for 1 her criminal prosecution is guaranteed by the State’s offer of a criminal defense attorney. 2 See United States v. Robinson, 913 F.2d 712, 717 (9th Cir. 1990) (“[T]here is nothing 3 constitutionally offensive about requiring a defendant to choose between appointed counsel 4 and access to legal materials; the sixth amendment is satisfied by the offer of professional 5 representation alone.”); United States v. Wilson, 690 F.2d 1267, 1272 (9th Cir. 1982) (“The 6 offer of court-appointed counsel to represent [the defendant] satisfied the Fifth Amendment 7 obligation to provide meaningful access to the courts.”). Neither the Sheriff nor any other 8 jail employee is obligated to assist Plaintiff with her criminal case. Plaintiff fails to state a 9 claim in Count One. 10 With respect to Count Three, Plaintiff alleges no facts to support that she continues 11 to be confined, despite a release order, because Defendant Sheridan disagrees with her 12 political beliefs. Moreover, Plaintiff does not have a “release order” as to all her criminal 13 cases. Plaintiff was charged in Maricopa County Superior Court case #CR2023-00619 14 with fraudulent schemes and practices, filing false instruments in public records, and 15 petition signing violations, and she pleaded guilty to one count of filing false instruments 16 in public records. Plaintiff was sentenced to probation. Subsequently, the State filed a 17 petition to revoke her probation.3 On December 3, 2024, the trial court dismissed the 18 petition to revoke and released Plaintiff from custody, as to that case only,4 because 19 Plaintiff had been charged in Maricopa County Superior Court, case #CR2024-155849, 20 with additional offenses and was in custody pursuant to the charges in the new case.5 21 C. Count Two 22 Plaintiff does not connect the allegations in Count Two to any named Defendnant. 23 The Court will therefore dismiss Count Two. 24
25 3 See https://www.superiorcourt.maricopa.gov/docket/CriminalCourtCases/case Info.asp?caseNumber=CR2023-006919 [https://perma.cc/C4S6-JCGM] 26 4 See https://courtminutes.clerkofcourt.maricopa.gov/viewerME.asp?fn=Criminal/ 27 122024/m11132909.pdf (last accessed Oct. 16, 2025). 28 5 See https://www.superiorcourt.maricopa.gov/docket/CriminalCourtCases/case Info.asp?caseNumber=CR2024-155849 [https://perma.cc/332K-H4CM] 1 V. Leave to Amend 2 For the foregoing reasons, the Court will dismiss Plaintiff’s Complaint for failure to 3 state a claim upon which relief may be granted. Within 30 days, Plaintiff may submit a 4 first amended complaint to cure the deficiencies outlined above. The Clerk of Court will 5 mail Plaintiff a court-approved form to use for filing a first amended complaint. If Plaintiff 6 fails to use the court-approved form, the Court may strike the amended complaint and 7 dismiss this action without further notice to Plaintiff. 8 Plaintiff must clearly designate on the face of the document that it is the “First 9 Amended Complaint.” The first amended complaint must be retyped or rewritten in its 10 entirety on the court-approved form and may not incorporate any part of the original 11 Complaint by reference. Plaintiff may include only one claim per count. 12 A first amended complaint supersedes the original Complaint. Ferdik v. Bonzelet, 13 963 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 14 1542, 1546 (9th Cir. 1990). After amendment, the Court will treat the original Complaint 15 as nonexistent. Ferdik, 963 F.2d at 1262. Any cause of action that was raised in the 16 original Complaint and that was voluntarily dismissed or was dismissed without prejudice 17 is waived if it is not alleged in a first amended complaint. Lacey v. Maricopa County, 693 18 F.3d 896, 928 (9th Cir. 2012) (en banc). 19 If Plaintiff files an amended complaint, she must write short, plain statements telling 20 the Court: (1) the constitutional right she believes was violated; (2) the name of the 21 Defendant who violated the right; (3) exactly what that Defendant did or failed to do; 22 (4) how the action or inaction of that Defendant is connected to the violation of Plaintiff’s 23 constitutional right; and (5) what specific injury Plaintiff suffered because of that 24 Defendant’s conduct. See Rizzo, 423 U.S. at 371-72, 377. 25 Plaintiff must repeat this process for each person she names as a Defendant. If 26 Plaintiff fails to affirmatively link the conduct of each named Defendant with the specific 27 injury suffered by Plaintiff, the allegations against that Defendant will be dismissed for 28 failure to state a claim. Conclusory allegations that a Defendant or group of 1 Defendants has violated a constitutional right are not acceptable and will be 2 dismissed. 3 VI. Warnings 4 A. Release 5 If Plaintiff is released while this case remains pending, and the filing fee has not 6 been paid in full, Plaintiff must, within 30 days of her release, either (1) notify the Court 7 that she intends to pay the unpaid balance of her filing fee within 120 days of her release 8 or (2) file a non-prisoner application to proceed in forma pauperis. Failure to comply may 9 result in dismissal of this action. 10 B. Address Changes 11 Plaintiff must file and serve a notice of a change of address in accordance with Rule 12 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other 13 relief with a notice of change of address. Failure to comply may result in dismissal of this 14 action. 15 C. Possible “Strike” 16 Because the Complaint has been dismissed for failure to state a claim, if Plaintiff 17 fails to file an amended complaint correcting the deficiencies identified in this Order, the 18 dismissal may count as a “strike” under the “3-strikes” provision of 28 U.S.C. § 1915(g). 19 Under the 3-strikes provision, a prisoner may not bring a civil action or appeal a civil 20 judgment in forma pauperis under 28 U.S.C. § 1915 “if the prisoner has, on 3 or more prior 21 occasions, while incarcerated or detained in any facility, brought an action or appeal in a 22 court of the United States that was dismissed on the grounds that it is frivolous, malicious, 23 or fails to state a claim upon which relief may be granted, unless the prisoner is under 24 imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). 25 D. Possible Dismissal 26 If Plaintiff fails to timely comply with every provision of this Order, including these 27 warnings, the Court may dismiss this action without further notice. See Ferdik, 963 F.2d 28 1| at 1260-61 (a district court may dismiss an action for failure to comply with any order of the Court). 3| ITIS ORDERED: 4 (1) The Clerk of Court must update the docket to reflect that Plaintiff is in 5 | custody at the Estrella Jail. 6 (2) Plaintiff's Application to Proceed In Forma Pauperis (Doc. 2) is granted. 7 (3) As required by the accompanying Order to the appropriate government 8 | agency, Plaintiff must pay the $350.00 filing fee and is not assessed an initial partial filing 9| fee. 10 (4) |The Complaint (Doc. 1) is dismissed for failure to state a claim. Plaintiff 11 | has 30 days from the date this Order 1s filed to file a first amended complaint in compliance 12 | with this Order. 13 (5) — If Plaintiff fails to file an amended complaint within 30 days, the Clerk of 14| Court must, without further notice, enter a judgment of dismissal of this action with 15 | prejudice that states that the dismissal may count as a “strike” under 28 U.S.C. § 1915(g) 16 | and deny any pending unrelated motions as moot. 17 (6) The Clerk of Court must mail Plaintiff a court-approved form for filing a civil 18 | rights complaint by a prisoner. 19 Dated this 22nd day of October, 2025. 20
22 James A. Teilborg 23 Senior United States District Judge 24 25 26 27 28
Instructions for a Prisoner Filing a Civil Rights Complaint in the United States District Court for the District of Arizona
1. Who May Use This Form. The civil rights complaint form is designed to help incarcerated persons prepare a complaint seeking relief for a violation of their federal civil rights. These complaints typically concern, but are not limited to, conditions of confinement. This form should not be used to challenge your conviction or sentence. If you want to challenge a state conviction or sentence, you should file a petition under 28 U.S.C. ' 2254 for a writ of habeas corpus by a person in state custody. If you want to challenge a federal conviction or sentence, you should file a motion under 28 U.S.C. § 2255 to vacate sentence in the federal court that entered the judgment. 2. The Form. Local Rule of Civil Procedure (LRCiv) 3.4 provides that complaints by incarcerated persons must be filed on the court-approved form. The form must be typed or neatly handwritten. The form must be completely filled in to the extent applicable. All questions must be answered clearly and concisely in the appropriate space on the form. If needed, you may attach additional pages, but no more than fifteen additional pages, of standard letter-sized paper. You must identify which part of the complaint is being continued and number all pages. If you do not fill out the form properly, you will be asked to submit additional or corrected information, which may delay the processing of your action. You do not need to cite law. 3. Your Signature. You must tell the truth and sign the form. If you make a false statement of a material fact, you may be prosecuted for perjury. 4. The Filing and Administrative Fees. The total fees for this action are $405.00 ($350.00 filing fee plus $55.00 administrative fee). If you are unable to immediately pay the fees, you may request leave to proceed in forma pauperis. Please review the “Information for Prisoners Seeking Leave to Proceed with a (Non-Habeas) Civil Action in Federal Court In Forma Pauperis Pursuant to 28 U.S.C. ' 1915” for additional instructions. 5. Original and Judge=s Copy. You must send an original plus one copy of your complaint and of any other documents submitted to the Court. You must send one additional copy to the Court if you wish to have a file-stamped copy of the document returned to you. All copies must be identical to the original. Copies may be legibly handwritten. This section does not apply to inmates housed at an Arizona Department of Corrections facility that participates in electronic filing. 6. Where to File. You should file your complaint in the division where you were confined when your rights were allegedly violated. See LRCiv 5.1(a) and 77.1(a). If you were confined in Maricopa, Pinal, Yuma, La Paz, or Gila County, file in the Phoenix Division. If you were confined in Apache, Navajo, Coconino, Mohave, or Yavapai County, file in the Prescott Division. If you were confined in Pima, Cochise, Santa Cruz, Graham, or Greenlee County, file in the Tucson Division. Unless you are an inmate housed at an Arizona Department of Corrections facility that participates in electronic filing, mail the original and one copy of the complaint with the $405 filing and administrative fees or the application to proceed in forma pauperis to:
1 Revised 11/6/24 Phoenix & Prescott Divisions: OR Tucson Division: U.S. District Court Clerk U.S. District Court Clerk U.S. Courthouse, Suite 130 U.S. Courthouse, Suite 1500 401 West Washington Street, SPC 10 405 West Congress Street Phoenix, Arizona 85003-2119 Tucson, Arizona 85701-5010
7. Change of Address. You must immediately notify the Court and the defendants in writing of any change in your mailing address. Failure to notify the Court of any change in your mailing address may result in the dismissal of your case.
8. Certificate of Service. You must furnish the defendants with a copy of any document you submit to the Court (except the initial complaint and application to proceed in forma pauperis). Each original document (except the initial complaint and application to proceed in forma pauperis) must include a certificate of service on the last page of the document stating the date a copy of the document was mailed to the defendants and the address to which it was mailed. See Fed. R. Civ. P. 5(a), (d). Any document received by the Court that does not include a certificate of service may be stricken. This section does not apply to inmates housed at an Arizona Department of Corrections facility that participates in electronic filing. A certificate of service should be in the following form:
I hereby certify that a copy of the foregoing document was mailed this (month, day, year) to: Name: Address: Attorney for Defendant(s)
(Signature)
9. Amended Complaint. If you need to change any of the information in the initial complaint, you must file an amended complaint. The amended complaint must be written on the court- approved civil rights complaint form. You may file one amended complaint without leave (permission) of Court within 21 days after serving it or within 21 days after any defendant has filed an answer, whichever is earlier. See Fed. R. Civ. P. 15(a). Thereafter, you must file a motion for leave to amend and lodge (submit) a proposed amended complaint. LRCiv 15.1. In addition, an amended complaint may not incorporate by reference any part of your prior complaint. LRCiv 15.1(a)(2). Any allegations or defendants not included in the amended complaint are considered dismissed. All amended complaints are subject to screening under the Prison Litigation Reform Act; screening your amendment will take additional processing time.
10. Exhibits. You should not submit exhibits with the complaint or amended complaint. Instead, the relevant information should be paraphrased. You should keep the exhibits to use to support or oppose a motion to dismiss, a motion for summary judgment, or at trial.
11. Letters and Motions. It is generally inappropriate to write a letter to any judge or the staff of any judge. The only appropriate way to communicate with the Court is by filing a written pleading or motion.
2 12. Completing the Civil Rights Complaint Form.
HEADING: 1. Your Name. Print your name, prison or inmate number, and institutional mailing address on the lines provided.
2. Defendants. If there are four or fewer defendants, print the name of each. If you name more than four defendants, print the name of the first defendant on the first line, write the words “and others” on the second line, and attach an additional page listing the names of all of the defendants. Insert the additional page after page 1 and number it “1- A” at the bottom.
3. Jury Demand. If you want a jury trial, you must write “JURY TRIAL DEMANDED” in the space below “CIVIL RIGHTS COMPLAINT BY A PRISONER.” Failure to do so may result in the loss of the right to a jury trial. A jury trial is not available if you are seeking only injunctive relief.
Part A. JURISDICTION: 1. Nature of Suit. Mark whether you are filing the complaint pursuant to 42 U.S.C. ' 1983 for state, county, or city defendants; “Bivens v. Six Unknown Federal Narcotics Agents” for federal defendants; or “other.” If you mark “other,” identify the source of that authority.
2. Location. Identify the institution and city where the alleged violation of your rights occurred.
3. Defendants. Print all of the requested information about each of the defendants in the spaces provided. If you are naming more than four defendants, you must provide the necessary information about each additional defendant on separate pages labeled “2-A,” “2-B,” etc., at the bottom. Insert the additional page(s) immediately behind page 2.
Part B. PREVIOUS LAWSUITS: You must identify any other lawsuit you have filed in either state or federal court while you were a prisoner. Print all of the requested information about each lawsuit in the spaces provided. If you have filed more than three lawsuits, you must provide the necessary information about each additional lawsuit on a separate page. Label the page(s) as “2-A,” “2-B,” etc., at the bottom of the page and insert the additional page(s) immediately behind page 2.
Part C. CAUSE OF ACTION: You must identify what rights each defendant violated. The form provides space to allege three separate counts (one violation per count). If you are alleging more than three counts, you must provide the necessary information about each additional count on a separate page. Number the additional pages “5-A,” “5-B,” etc., and insert them immediately behind page 5. Remember that you are limited to a total of fifteen additional pages.
3 1. Counts. You must identify which civil right was violated. You may allege the violation of only one civil right per count.
2. Issue Involved. Check the box that most closely identifies the issue involved in your claim. You may check only one box per count. If you check the box marked “Other,” you must identify the specific issue involved.
3. Supporting Facts. After you have identified which civil right was violated, you must state the supporting facts. Be as specific as possible. You must state what each individual defendant did to violate your rights. If there is more than one defendant, you must identify which defendant did what act. You also should state the date(s) on which the act(s) occurred, if possible.
4. Injury. State precisely how you were injured by the alleged violation of your rights.
5. Administrative Remedies. You must exhaust any available administrative remedies before you file a civil rights complaint. See 42 U.S.C. § 1997e. Consequently, you should disclose whether you have exhausted the inmate grievance procedures or administrative appeals for each count in your complaint. If the grievance procedures were not available for any of your counts, fully explain why on the lines provided.
Part D. REQUEST FOR RELIEF: Print the relief you are seeking in the space provided.
SIGNATURE: You must sign your name and print the date you signed the complaint. Failure to sign the complaint will delay the processing of your action. Unless you are an attorney, you may not bring an action on behalf of anyone but yourself.
FINAL NOTE
You should follow these instructions carefully. Failure to do so may result in your complaint being stricken or dismissed. All questions must be answered concisely in the proper space on the form. If you need more space, you may attach no more than fifteen additional pages. But the form must be completely filled in to the extent applicable. If you attach additional pages, be sure to identify which section of the complaint is being continued and number the pages.
4 ___________________________________________ Name and Prisoner/Booking Number ___________________________________________ Place of Confinement ___________________________________________ Mailing Address ___________________________________________ City, State, Zip Code (Failure to notify the Court of your change of address may result in dismissal of this action.)
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
_________________________________________ , (Full Name of Plaintiff)
Plaintiff, v. CASE NO. __________________________________ (To be supplied by the Clerk) (1) _______________________________________ , (Full Name of Defendant) CIVIL RIGHTS COMPLAINT (2) _______________________________________ , BY A PRISONER
(3) _______________________________________ , G Original Complaint (4) _______________________________________ , G First Amended Complaint G Second Amended Complaint Defendant(s).
G Check if there are additional Defendants and attach page 1-A listing them.
A. JURISDICTION
1. This Court has jurisdiction over this action pursuant to: G 28 U.S.C. § 1343(a); 42 U.S.C. § 1983 G 28 U.S.C. § 1331; Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). G Other: .
2. Institution/city where violation occurred: .
550/555 B. DEFENDANTS
1. Name of first Defendant: . The first Defendant is employed as: ______________________________________________ at_______________________________________. (Position and Title) (Institution)
2. Name of second Defendant: . The second Defendant is employed as: as: ______________________________________________ at_______________________________________. (Position and Title) (Institution)
3. Name of third Defendant: . The third Defendant is employed as: ______________________________________________ at_______________________________________. (Position and Title) (Institution)
4. Name of fourth Defendant: . The fourth Defendant is employed as: ______________________________________________ at_______________________________________. (Position and Title) (Institution)
If you name more than four Defendants, answer the questions listed above for each additional Defendant on a separate page.
C. PREVIOUS LAWSUITS
1. Have you filed any other lawsuits while you were a prisoner? G Yes G No
2. If yes, how many lawsuits have you filed? . Describe the previous lawsuits:
a. First prior lawsuit: 1. Parties: v. 2. Court and case number: . 3. Result: (Was the case dismissed? Was it appealed? Is it still pending?) .
b. Second prior lawsuit: 1. Parties: v. 2. Court and case number: . 3. Result: (Was the case dismissed? Was it appealed? Is it still pending?) .
c. Third prior lawsuit: 1. Parties: v. 2. Court and case number: . 3. Result: (Was the case dismissed? Was it appealed? Is it still pending?) .
If you filed more than three lawsuits, answer the questions listed above for each additional lawsuit on a separate page. D. CAUSE OF ACTION
COUNT I 1. State the constitutional or other federal civil right that was violated: .
2. Count I. Identify the issue involved. Check only one. State additional issues in separate counts. G Basic necessities G Mail G Access to the court G Medical care G Disciplinary proceedings G Property G Exercise of religion G Retaliation G Excessive force by an officer G Threat to safety G Other: .
3. Supporting Facts. State as briefly as possible the FACTS supporting Count I. Describe exactly what each Defendant did or did not do that violated your rights. State the facts clearly in your own words without citing legal authority or arguments.
.
4. Injury. State how you were injured by the actions or inactions of the Defendant(s).
5. Administrative Remedies: a. Are there any administrative remedies (grievance procedures or administrative appeals) available at your institution? G Yes G No b. Did you submit a request for administrative relief on Count I? G Yes G No c. Did you appeal your request for relief on Count I to the highest level? G Yes G No d. If you did not submit or appeal a request for administrative relief at any level, briefly explain why you did not. .
3 COUNT II 1. State the constitutional or other federal civil right that was violated: .
2. Count II. Identify the issue involved. Check only one. State additional issues in separate counts. G Basic necessities G Mail G Access to the court G Medical care G Disciplinary proceedings G Property G Exercise of religion G Retaliation G Excessive force by an officer G Threat to safety G Other: .
3. Supporting Facts. State as briefly as possible the FACTS supporting Count II. Describe exactly what each Defendant did or did not do that violated your rights. State the facts clearly in your own words without citing legal authority or arguments.
4. Injury. State how you were injured by the actions or inactions of the Defendant(s).
5. Administrative Remedies. a. Are there any administrative remedies (grievance procedures or administrative appeals) available at your institution? G Yes G No b. Did you submit a request for administrative relief on Count II? G Yes G No c. Did you appeal your request for relief on Count II to the highest level? G Yes G No d. If you did not submit or appeal a request for administrative relief at any level, briefly explain why you did not. .
4 COUNT III 1. State the constitutional or other federal civil right that was violated: .
2. Count III. Identify the issue involved. Check only one. State additional issues in separate counts. G Basic necessities G Mail G Access to the court G Medical care G Disciplinary proceedings G Property G Exercise of religion G Retaliation G Excessive force by an officer G Threat to safety G Other: .
3. Supporting Facts. State as briefly as possible the FACTS supporting Count III. Describe exactly what each Defendant did or did not do that violated your rights. State the facts clearly in your own words without citing legal authority or arguments.
4. Injury. State how you were injured by the actions or inactions of the Defendant(s).
5. Administrative Remedies. a. Are there any administrative remedies (grievance procedures or administrative appeals) available at your institution? G Yes G No b. Did you submit a request for administrative relief on Count III? G Yes G No c. Did you appeal your request for relief on Count III to the highest level? G Yes G No d. If you did not submit or appeal a request for administrative relief at any level, briefly explain why you did not. .
If you assert more than three Counts, answer the questions listed above for each additional Count on a separate page.
5 E. REQUEST FOR RELIEF
State the relief you are seeking:
I declare under penalty of perjury that the foregoing is true and correct.
Executed on DATE SIGNATURE OF PLAINTIFF
___________________________________________ (Name and title of paralegal, legal assistant, or other person who helped prepare this complaint)
___________________________________________ (Signature of attorney, if any)
___________________________________________ (Attorney=s address & telephone number)
ADDITIONAL PAGES
All questions must be answered concisely in the proper space on the form. If you need more space, you may attach no more than fifteen additional pages. But the form must be completely filled in to the extent applicable. If you attach additional pages, be sure to identify which section of the complaint is being continued and number all pages.