IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA BRUNSWICK DIVISION

TREVON D. CHAPMAN,

Plaintiff, CIVIL ACTION NO.: 2:20-cv-91

v.

JAMES PROCTOR, et al.,

Defendants.

O RDE R This matter is before the Court on Plaintiff’s Objections to the Court’s December 28, 2020 Report and Recommendation, doc. 13, and Plaintiff’s Motion for Leave to Amend, doc. 14. In Plaintiff’s Objections, he states he is not objecting to the Court’s Recommendation, but rather, requests leave to amend to fix the deficiencies in his initial Complaint. Doc. 13 at 1. Thus, the Court construes Plaintiff’s Objections as a Motion for Leave to Amend. Contemporaneously with his Objections, Plaintiff filed a Motion for Leave to Amend, which contained additional factual allegations against Defendants intended to fix the deficiencies the Court identified in his Complaint. Doc. 14. First, the Court VACATES its December 28, 2020 Report and Recommendation. Doc. 11. Further, the Court GRANTS Plaintiff’s Motions for Leave to Amend and ORDERS Plaintiff to file an Amended Complaint within 14 days of this Order. A plaintiff’s complaint should contain a “short and plain statement” of the plaintiff’s claims, and each allegation in the complaint should be “simple, concise, and direct.” Fed. R. Civ. P. 8(a)(2), (d). In order to state a claim upon which relief may be granted, a complaint must contain “sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal,

(2009) (quoting Bell Atl. Corp. v. Twombly,

(2007)). To state a claim, a complaint must contain “more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not” suffice.

Twombly,

. A plaintiff is not necessarily required to bring a separate action for each individual claim against each individual defendant. In some circumstances, the Federal Rules of Civil Procedure allow a plaintiff to name multiple defendants in a suit and to assert multiple claims in a single suit. Specifically, a plaintiff may name multiple defendants in a single action, but only if he asserts at least one claim against those defendants that arises from the same transaction, occurrence, or series of transactions or occurrences, or if any question of law or fact common to all defendants will arise in the action. Fed. R. Civ. P. 20(a)(2). Additionally, a plaintiff may assert multiple claims against a properly joined defendant in the same action. Fed. R. Civ. P. 18(a).

Accordingly, the Court ORDERS Plaintiff to file an Amended Complaint within 14 days of this Order. The Amended Complaint must comply with the following directions. The Court advises Plaintiff to read and follow these directions carefully: (1) The Amended Complaint must be on the court-approved civil rights complaint form to be used by prisoners in actions arising under

(2) The Amended Complaint must be clearly labelled “Amended Complaint” and place the civil action number of this case on the first page of the form.

1 The Court DIRECTS the Clerk of Court to send the appropriate

complaint form and a copy of this Order to Plaintiff. (3) No more than 10 pages may be attached to the form (this includes written allegations and attachments).

(4) The Amended Complaint must be legible with writing on only one side of each page.

(5) Each intended defendant must be identified by name or by sufficient details to describe the individual.

(6) The Amended Complaint should include only factual allegations concerning events where the rights of Plaintiff were violated or Plaintiff was injured, including the date and location of each alleged violation.

(7) The Amended Complaint must describe each alleged violation and identify each defendant responsible for each alleged violation.

(8) The Amended Complaint should not contain legal argument or conclusions.

Once filed, Plaintiff’s Amended Complaint will supersede and replace his original Complaint. Therefore, Plaintiff’s Amended Complaint must not refer back to the initial Complaint or any of its attachments and must not incorporate any part of the original complaint by reference. Claims made against particular Defendants in Plaintiff’s original Complaint are not preserved unless they are also set forth in the Amended Complaint. Failure to comply with this Order within the allotted time, or to show cause why Plaintiff is unable to comply, will result in a recommendation to the District Judge the case be dismissed without further notice for failure to prosecute and failure to follow a Court Order. Additionally, the Court ORDERS Plaintiff to advise the Court in writing of any change of address during the pendency of this action. Plaintiff’s failure to abide by this directive will result in the dismissal of Plaintiff’s Complaint, without prejudice, for failure to follow an Order of this Court. SO ORDERED, this 22nd day of January, 2021.

BENJAMIN W. CHEESBRO UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA