The opinion
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
KEVIN MAURICE BROWN, SR., )
)
Plaintiff, )
)
v. ) No. CIV 21-141-RAW-SPS
)
RYAN GRAHAM, et al., )
)
Defendants. )
OPINION AND ORDER
Plaintiff is a pro se state prisoner in the custody of the Oklahoma Department of
Corrections who is incarcerated at North Fork Correctional Facility in Sayre, Oklahoma. He
filed this civil rights complaint pursuant to 42 U.S.C. § 1983, seeking relief for alleged
constitutional violations at Mack Alford Correctional Center (MACC) in Stringtown
Oklahoma (Dkt. 1). The defendants are the following MACC officials: Ryan Graham,
Deputy Warden; Tracie Briels, Acting Chief of Security; Tamblym Klepper, Lieutenant;
Diana Reese, Case Manager; and Cindy Lowe, Senior Case Manager. Because Plaintiff has
not submitted his complaint on this Court’s approved form, and because portions of the
complaint are not clearly legible, the Court finds Plaintiff must file an amended complaint
on the Court’s form, as set forth below.
Screening/Dismissal Standards
Federal courts must engage in a preliminary screening of cases in which prisoners
seek redress from a governmental entity or officer or employee of a governmental entity. 28
U.S.C. § 1915A(a). The Court must identify any cognizable claims and dismiss any claims
that are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek
monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b);
28 U.S.C. § 1915(e)(2)(B).
The pleading standard for all civil actions was articulated in Bell Atl. Corp. v.
Twombly, 550 U.S. 544 (2007). See Ashcroft v. Iqbal, 556 U.S. 662, 684 (2009). To avoid
dismissal for failure to state a claim under Fed. R. Civ. P. 12(b)(6), a complaint must present
factual allegations, assumed to be true, that “raise a right to relief above the speculative
level.” Twombly, 550 U.S. at 555. The complaint also must contain “enough facts to state
a claim to relief that is plausible on its face.” Id. at 570. A court must accept all the well-
pleaded allegations of the complaint as true, even if doubtful in fact, and must construe the
allegations in the light most favorable to the plaintiff. Id. at 555-56. “So, when the
allegations in a complaint, however true, could not raise a claim of entitlement to relief,” the
cause of action should be dismissed. Id. at 558. The Court applies the same standard of
review for dismissals under 28 U.S.C. § 1915(e)(2)(B)(ii) that is employed for Fed. R. Civ.
P. 12(b)(6) motions to dismiss for failure to state a claim. Kay v. Bemis, 500 F.3d 1214,
1217-18 (10th Cir. 2007).
A pro se plaintiff’s complaint must be broadly construed under this standard.
Erickson v. Pardus, 551 U.S. 89, 94 (2007); Haines v. Kerner, 404 U.S. 519, 520 (1972). The
generous construction given to the pro se litigant’s allegations, however, “does not relieve
the plaintiff of the burden of alleging sufficient facts on which a recognized legal claim could
be based.” Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). Notwithstanding a pro
se plaintiff’s various mistakes or misunderstandings of legal doctrines or procedural
requirements, “if a court can reasonably read the pleadings to state a valid claim on which
the plaintiff could prevail, it should do so . . . .” Id. A reviewing court need not accept
“mere conclusions characterizing pleaded facts.” Bryson v. City of Edmond, 905 F.2d 1386,
1390 (10th Cir. 1990). “While a complaint attacked by a Rule 12(b)(6) motion to dismiss
does not need detailed factual allegations, a plaintiff’s obligation to provide the grounds of
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his entitlement to relief requires more than labels and conclusions, and a formulaic recitation
of the elements of a cause of action will not do.” Twombly, 550 U.S. at 555 (quotations and
citations omitted). The Court “will not supply additional factual allegations to round out a
plaintiff’s complaint or construct a legal theory on a plaintiff’s behalf.” Whitney v. New
Mexico, 113 F.3d 1170, 1173-74 (10th Cir. 1997).
Amended Complaint
Within twenty-one (21) days of the entry of this Order, Plaintiff must file an amended
complaint on this Court’s form. The amended complaint must set forth the full name of
each person he is suing under 42 U.S.C. § 1983. Further, the names in the caption of the
amended complaint must be identical to those contained in the body of the amended
complaint, pursuant to Fed. R. Civ. P. 10(a). Plaintiff is responsible for providing correct
names and proper addresses for service of process. See Lee v. Armontrout, 991 F.2d 487,
489 (8th Cir. 1993).
The amended complaint must include a short and plain statement of when and how
each named defendant violated Plaintiff’s constitutional rights and showing Plaintiff is
entitled to relief from each named defendant. See Fed. R. Civ. P. 8(a). Plaintiff also shall
identify a specific constitutional basis for each claim. See id. He is admonished that simply
alleging that a defendant is an employee or supervisor of a state agency is inadequate to state
a claim. Plaintiff must go further and state how the named defendant’s personal participation
violated his constitutional rights. The “denial of a grievance, by itself without any
connection to the violation of constitutional rights alleged by the plaintiff, does not establish
personal participation under § 1983.” Gallagher v. Shelton, 587 F.3d 1063, 1069 (10th Cir.
2009) (citations omitted). The Court only will consider claims “based upon the violation of
a plaintiff’s personal rights, and not the rights of someone else.” Archuleta v. McShan, 897
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F.2d 495, 497 (10th Cir. 1990).
An amended complaint completely replaces the original complaint and renders the
original complaint of no legal effect. See Miller v. Glanz, 948 F.2d 1562, 1565 (10th Cir.
1991); Gilles v. United States, 906 F.2d 1386, 1389 (10th Cir. 1990). See also Local Civil
Rule 9.2(c). The amended complaint must include all claims and supporting material to be
considered by the Court. See Local Civil Rule 9.2(c). It must be complete in itself, including
exhibits, and may not reference or attempt to incorporate material from the original complaint
or exhibits. Id. Pursuant to Local Civil Rule 5.2(a), the amended complaint must be
clearly legible, only one side of the paper may be used, and additional sheets of paper shall
have margins of no less than one (1) inch on the top, bottom, and sides. The Court Clerk is
directed to send Plaintiff a form for filing an amended complaint.
ACCORDINGLY, Plaintiff is directed to file within twenty-one (21) days an
amended complaint on the Court’s form as directed in this Order. The Court Clerk is
directed to send Plaintiff a copy of the form for filing an amended civil rights complaint in
this Court. Failure to comply with this Order will result in dismissal of this action without
further notice.
IT IS SO ORDERED this 17th day of May 2021.
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