UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

JAMIE FRANCISCO, CIVIL ACTION NO. 1:19-CV-1553-P Plaintiff

VERSUS JUDGE DRELL

STATE OF LOUISIANA MAGISTRATE JUDGE PEREZ-MONTES ATTORNEY GENERAL, , Defendants

MEMORANDUM ORDER Before the Court is a civil rights Complaint under

filed by Plaintiff Jamie Francisco (“Francisco”). ECF No. 1. Francisco is a pretrial detainee incarcerated at the Avoyelles Parish Jail in Marksville, Louisiana. Francisco complains about charges pending against him. Because Francisco fails to allege that he has been deprived of a federally protected right by a person acting under color of state law, he must AMEND his Complaint. ECF No. 1. I. Background Francisco’s Complaint is largely unintelligible. Francisco indicates that he was arrested in 2019 and charged with negligent homicide. ECF No. 1 at 6. Later that year, the charge was enhanced to second-degree murder. ECF No. 1 at 7. Francisco complains that his name was then placed in the Marksville newspaper. Francisco alleges that the state court has appointed a sanity commission. He states that that the public defenders and Consulting Psychologist of Central Louisiana, Inc., wrongfully obtained his medical history. at 7-8. Francisco

argues that Defendants are biased and unethical. at 8. Francisco asks for a “full expungement” and a “full pardon” of all indictments, bills of information, and allegations, as well as monetary damages from all parties. at 9. II. Instructions to Amend Pursuant to Rule 8(a)(2) of the Federal Rules of Civil Procedure, a pleading

must contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” The Rule 8 pleading standard does not require “detailed factual allegations,” but demands more than an “unadorned, the-defendant-unlawfully- harmed-me accusation.” ,

(2009) (citations omitted). A pleading that offers “labels and conclusions” or “a formulaic recitation of the elements of a cause of action will not do.” ,

(2007). Statements in a complaint are not plain when they are not clear

and understandable. , 19-CV-0101,

, at *4 (E.D. La. Jan. 8, 2020). To state a civil rights action under § 1983, a plaintiff must show that he has been deprived of a federally protected right by a person acting “under color of state law.”

; ,

(1988). Because the nature of Francisco’s claims cannot be discerned from his Complaint (ECF No. 1), Francisco must amend his Complaint to provide a description of how each Defendant violated his constitutional rights. Ill. Conclusion IT IS ORDERED that Francisco amend his Complaint (ECF No. 1) within thirty (30) days of the filing of this Order to provide the information outlined above, or dismissal will be recommended under Rule 41(b) or 16(£) of the Federal Rules of Civil Procedure. THUS DONE AND SIGNED in Alexandria, Louisiana, on thisg'31st day of February 2020. THLE JOSEPH H.L. PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE