Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

SERGIO GONZALEZ-VARONA,

Plaintiff,

vs. CASE NO. 5:09cv267-RS/AK

CAPTAIN LEROY MCELROY, et al.,

Defendants.

 /

O R D E R

This cause is before the Court upon referral from the Clerk of Court. Plaintiff, an

inmate proceeding pro se, filed a civil rights complaint under 42 U.S.C. § 1983. (Doc.

1). Local court rules provide that no "civil action commenced by pro se litigants under

42 U.S.C. § 1983, 28 U.S.C. §§ 1331, or 1346, shall be considered by the court unless

the appropriate forms have been properly completed and filed by the litigant." N.D. Fla.

Loc. R. 5.1(J)(2). Plaintiff must, therefore, submit an "amended complaint," clearly

designated as such, on court forms which will be provided to him by the Clerk of Court. 

Nevertheless, the complaint has been given a review.

It appears that he has stated claims sufficiently against Defendants McElroy and

Mitchell, but his only claims against Warden Kent appear related to his response to

grievances, which does not create liability. See Manney v. Moore, 151 F.Supp. 2d 976

(N.D. Ill. 2001) (Merely signing a grievance does not create liability where the signer
Page 2 of 3

had no personal involvement in the alleged violations). Unless Plaintiff has facts

supporting a claim that Warden Kent denied him medical care or otherwise caused him

injury he should leave Kent out of the amended complaint. If he submits an amended

complaint limited to the claims against McElroy and Mitchell, as described in the first

amended complaint, he may also submit service copies for each defendant to expedite

these proceedings.

In amending, Plaintiff should carefully review the foregoing to determine whether

he can present allegations sufficient to state a cause of action under the relevant law. If

Plaintiff is able to file an amended complaint, he must name as Defendants only those

persons who are responsible for the alleged constitutional violations. Plaintiff must

place their names in the style of the case on the first page of the civil rights complaint

form and in the other appropriate sections of the form. Further, Plaintiff should clearly

describe how each named Defendant is involved in each alleged constitutional violation. 

In civil rights cases, more than conclusory and vague allegations are required to state a

cause of action. See, Fullman v. Graddick, 739 F.2d 553, 556-57 (11th Cir. 1984). 

Therefore, if Plaintiff cannot state exactly how a particular Defendant harmed him, he

should delete or drop that person as a Defendant from the complaint. In presenting the

claims, Plaintiff must set forth each allegation in a separately numbered paragraph, as it

is essential that the facts relating to each Defendant be set out clearly and in detail.

To amend the complaint, Plaintiff must completely fill out a new civil rights

complaint form, marking it "Amended Complaint." The amended complaint must

contain all of Plaintiff's allegations and should not in any way refer to the original

complaint. An amended complaint completely replaces all previous complaints and they

Case No. 5:09cv267-RS/AK
Page 3 of 3

are disregarded. N.D. Fla. Loc. R. 15.1. Plaintiff should file the amended complaint

containing an original signature with the Court and keep an identical copy for himself. 

Plaintiff has also moved for appointment of counsel. (Doc. 3). He has not shown

exceptional circumstances to warrant such appointment at this time. See Fowler v.

Jones, 899 F.2d 1088 (11th Cir. 1990) (appointment of counsel in a 1983 suit is not a

right, it is a privilege and is justified only by exceptional circumstances, such as where

the facts and legal issues are so novel or complex as to require the assistance of a

trained practitioner).

Accordingly, it is

ORDERED:

1. The Clerk of Court is directed to forward to Plaintiff two (2) § 1983 complaint

forms along with one additional copy of his complaint, so that Plaintiff can file his

amended complaint in its entirety.

2. Plaintiff shall have until December 23, 2009, to file an amended civil rights

complaint, which shall be typed or clearly written and submitted on court forms.

3. Failure to comply with the order of this court may result in a

recommendation of dismissal of this action.

4. Plaintiff’s Motion to Appoint Counsel (doc. 3) is DENIED.

DONE AND ORDERED this 2nd day of December, 2009.

s/ A. KORNBLUM 

ALLAN KORNBLUM

UNITED STATES MAGISTRATE JUDGE

Case No. 5:09cv267-RS/AK