Opinion

Miranda Pizarro v. McDonald

Court
District Court, D. Massachusetts
Filed
Sep 25, 2024
Cited by
0 cases
Authority
More cited than 31.5%

The opinion

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

JOHANNS MIRANDA-PIZARRO,

Plaintiff,

v. CIVIL ACTION NO. 24-cv-11547-IT

SHERIFF JOSEPH D. MCDONALD, JR., and

SUPERINTENDENT ANTONE MONIZ,

Defendants.

ORDER

September 25, 2024

TALWANI, D.J.

Before the court is Johanns Miranda-Pizarro’s Amended Complaint [Doc. No. 10], and

Prisoner Account Statement (“Prisoner Account Statement”) [Doc. No. 11]. After review of

Miranda-Pizarro’s filings, the court rules as follows:

1. The Initial Filing Fee Assessment Order is Revised

The court’s order [Doc. No. 7] regarding the assessment of the filing fee is amended as

follows. Pursuant to 28 U.S.C. § 1915(b)(1), the court assesses an initial partial filing fee of

$ 3.97. The remainder of the fee, $ 346.03, shall be collected in accordance with 28 U.S.C.

§ 1915(b)(2). The Clerk shall send a copy of this Order to the Treasurer’s Office at Plymouth

County Correctional Facility, along with the standard Notice to Prison form.

2. Screening of the Amended Complaint

a. Miranda-Pizarro’s Amended Complaint is Subject to Screening under

28 U.S.C. § 1915

The Amended Complaint is subject to screening pursuant to 28 U.S.C. § 1915(e)(2)

because Miranda-Pizarro is proceeding in forma pauperis. Under that statute, the court must

dismiss an action to the extent that, among other things, it fails to state a claim upon which

relief can be granted or seeks monetary damages from a party that is immune. In conducting this

review, the court liberally construes Miranda-Pizarro’s complaint because he is representing

himself. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972).

b. Miranda-Pizarro Shall File a Second Amended Complaint or the Action

will be Dismissed

Miranda-Pizarro shall file a second amended complaint by October 25, 2024 or this

action will be dismissed. The amended complaint still fails to comply with the basic pleading

requirements of the Federal Rules of Civil Procedure and therefore is subject to dismissal.

Under the Rules, a complaint must contain “a short and plain statement of the claim showing

that the pleader is entitled to relief,” Fed. R. Civ. P. 8(a)(2), and “‘give [each] defendant fair

notice of what the . . . claim is and the grounds upon which it rests.’” Bell Atlantic Corp. v.

Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). To be

sure, “the requirements of Rule 8(a)(2) are minimal—but ‘minimal requirements are not

tantamount to nonexistent requirements.’” Educadores Puertorriqueños en Acción v. Hernandez,

367 F.3d 61, 68 (1st Cir. 2004) (quoting Gooley v. Mobil Oil Corp., 851 F.2d 513, 514 (1st Cir.

1988)). Accordingly, a second amended “complaint should at least set forth minimal facts as to

who did what to whom, when, where, and why—although why, when why means the actor's

state of mind, can be averred generally.” Id.

Here, Miranda-Pizarro’s nine-sentence Amended Complaint alleges that Defendants

violated “103 C.M.R. 430 (seq.)” with respect to his confinement at Plymouth County

Correctional Facility. As an initial matter, Miranda Pizarro’s premise that this regulation applies

to the Plymouth County Correctional Facility is mistaken where the Plymouth County

Correctional Facility, a county correctional facility, is not a Department of Corrections

institution. Compare 103 C.M.R. 430.03 (“103 CMR 430.00 is applicable to Department

employees and inmates incarcerated within Department institutions…”) (emphasis added)

with 103 C.M.R. 900.01 (“103 CMR 900.00 through 979.00 establish standards for the care and

custody of all persons committed to any county correctional facility and provisions for

enforcement of such standards.”) (emphasis added). Based upon Miranda-Pizarro’s faulty

premise, and the paucity of allegations of the amended complaint, Miranda-Pizarro has failed to

comply with the basic pleading requirements of the Federal Rules of Civil Procedure.

Miranda-Pizarro is granted a final opportunity to file an amended complaint – a new

stand-alone document – stating facts supporting each claim against each Defendant and setting

forth plausible claims upon which relief may be granted. In essence, the second amended

complaint must succinctly set forth what Miranda-Pizarro claims each Defendant did (or failed

to do), where it occurred, when it occurred, and the relief he seeks as to the Defendants as to

each claim. To be clear, a single, conclusory paragraph will not suffice. In preparing the

amended complaint, Miranda-Pizarro should not set forth his claims in a narrative format.

Rather, the claims must be “set forth in numbered paragraphs, each limited as far as practicable

to a single set of circumstances.” Fed. R. Civ. P. 10(b). To promote clarity, “each claim founded

on a separate transaction or occurrence. . . must be stated in a separate count.” Id.

The caption must identify all defendants. Fed. R. Civ. P. 10(a). While Miranda-Pizarro

may include exhibits that are relevant to the claims, see Fed. R. Civ. P. 10(c), exhibits are not

required and the use of exhibits does not excuse Miranda-Pizarro of his responsibility to clearly

and succinctly set forth the relevant allegations in the body of the second amended complaint.

SO ORDERED.

September 25, 2024 /s/ Indira Talwani

Indira Talwani

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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