Williams v. Wilcher

United States District Court for the Southern District of Georgia

Williams v. Wilcher

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

TREYON ANTONIO WILLIAMS, ) ) Plaintiff, ) ) v. ) CV421-210 ) SHERIFF JOHN WILCHER, et al. ) ) Defendants. )

ORDER The Court previously ordered pro se plaintiff Treyon Antonio Williams to show cause why he failed to respond to the Clerk’s deficiency notice and also to amend his complaint. See doc. 14 at 11-12. The Clerk has updated the docket to reflect Williams’ payment of the filing fee in August 2021. See doc. 15. Williams also timely submitted an Amended Complaint. See doc. 16. Williams’ Amended Complaint generally complies with the Court’s direction. However, it appears incomplete. In response to the form’s prompt to state “the facts underlying [the] claims,” Williams responds, in part, “See Attachment.” Doc. 16 at 6. No such attachment is included with the Amended Complaint. See generally id. The Court will afford Williams one opportunity to correct the omission. He is DIRECTED to file a Second Amended Complaint no later than May 27, 2022. The Clerk

is DIRECTED to enclose a blank Form Pro Se 14 (Complaint for Violation of Civil Rights (Prisoner)) with the service copy of this Order

for Williams’ convenience. Williams is advised, again, that an amended pleading “supersedes [any] former pleading” such that “the original pleading[s are] abandoned by the amendment, and [are] no longer a part

of the pleader’s averments against his adversary.” Dresdner Bank AG v. M/V Olympia Voyager,

463 F.3d 1210, 1215

(11th Cir. 2006) (internal quotation marks and citations omitted).

The Clerk has also notified the undersigned of Williams’ attempts to update his address by telephone. Although the Clerk’s administrative policies do not permit a change of address to be made by any means other

than in writing, the Court’s Local Rules simply require that a party “apprise the Court of any address change.” S.D. Ga. L. Civ. R. 11.1. Under the circumstances, the Court will DIRECT the Clerk to mail a copy of this Order to Williams at the address he has previously provided, and also as follows: Treyon Antonio Williams C/O Liberty County Jail 180 Paul Sikes Rd. Hinesville, Georgia 31318. The courtesy of such mailing will not be extended to future correspondence. However, Williams may comply with the requirement that he provide written notice of his change of address by including that address in his Second Amended Complaint. SO ORDERED, this 4th day of May, 2022.

□□ iranbuacn L. RAY( UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA

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