IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

AMARILLO DIVISION

__________________________________________

TONY BORREGO, PRO SE, §

TDCJ-CID No. 1218527 §

§

 Plaintiff, §

§

v. § 2:05-CV-0173

§

TEXAS DEPT. OF CRIMINAL JUSTICE, §

DOUGLAS DRETKE, §

RONALD R. LACY, and §

P. PONDER, §

§

 Defendants. §

MEMORANDUM OPINION AND ORDER OF DISMISSAL

Plaintiff TONY BORREGO, acting pro se and while a prisoner incarcerated in the Texas

Department of Criminal Justice, Correctional Institutions Division, has filed suit pursuant to

Title 42, United States Code, section 1983 complaining against the above-referenced defendants

and has been granted leave to proceed in forma pauperis.

After review of plaintiff’s original complaint, the Court issued a January 24, 2006, Notice

of Deficiency informing plaintiff, in relevant part, that he had failed to sign his complaint, failed

to utilize the form provided by the Court for filing a prisoner civil rights complaint, and failed to

submit copies of relevant step 2 grievances in response to question no. 3 of the complaint form. 

Plaintiff was also instructed he had failed to submit an application for pauper status and a sixmonth history of his inmate trust account. Plaintiff was provided with a complaint form and

ordered to cure the deficiencies.

 

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Plaintiff filed a motion for leave to proceed in forma pauperis and six-month history of inmate trust account on February 9,

2006.

 2By his Statement of Claim, plaintiff referred the Court to the original complaint “for details”.

2

Plaintiff filed an amended complaint on February 9, 20061. By the amended complaint,

plaintiff violated the Court’s order by incorporating his original complaint by reference2

. 

Further, plaintiff did not sign both of the places provided for inmate signature on page 5. Lastly,

plaintiff did not submit copies of relevant Step 2 grievances as required by the Amended

Complaint form and as expressly ordered by the Court in the January 24, 2006 Notice of

Deficiency Order. Moreover, review of plaintiff’s original complaint revealed that there were no

details concerning his claims provided therein. Plaintiff was warned that his original and

amended complaints were both subject to dismissal for failure to state a claim.

Plaintiff’s amended complaint was unfiled by Order of the Court for the defects noted

above and for failure to comply with the Court’s January 24, 2006 Notice of Deficiency Order. 

Plaintiff was given until May 5, 2006 in which to obtain a complaint form from his unit library,

fill it out completely, sign it in all designated places, state all of his claims on the form by listing

each act or omission by each defendant on which he bases his claim for liability against that

defendant, with the date or approximate date of each act or omission, and submit it to the Clerk

for filing. Plaintiff was further instructed not to incorporate by reference or otherwise any other

document and to attach copies of the relevant step 2 grievances showing the responses by prison

officials.

The response period has expired and plaintiff has utterly failed to submit any pleading in

response. Further, as noted earlier, plaintiff’s original complaint and his unfiled amended

 

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complaint are too vague to state a claim against any of the named defendants and contain hints

of, at most, allegations of negligence, if that.

Plaintiff has been afforded two opportunities to state his claims with adequate specificity

and has failed to do so. Consequently, plaintiff has failed to state a claim on which relief can be

granted.

CONCLUSION

IT IS HEREBY ORDERED:

This Civil Rights Complaint is DISMISSED WITHOUT PREJUDICE FOR FAILURE

TO COMPLY WITH THE COURT’S ORDER AND FOR FAILURE TO STATE A CLAIM

ON WHICH RELIEF CAN BE GRANTED.

LET JUDGMENT BE ENTERED ACCORDINGLY.

All pending motions are DENIED.

The Clerk will mail a copy of this Order to the plaintiff, and to any attorney of record by

first class mail. The Clerk will also mail a copy to TDCJ-Office of the General Counsel, P.O.

Box 13084, Capitol Station, Austin, TX 78711 and to the Pro Se Clerk at the U.S. District Court

for the Eastern District of Texas, Tyler Division.

IT IS SO ORDERED.

ENTERED this 31st

 day of May, 2006.

/s/ Mary Lou Robinson 

MARY LOU ROBINSON

UNITED STATES DISTRICT JUDGE

 

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