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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

QUAR’MARDEN QUAR’NAIN BRAND,

Plaintiff,

vs. Case No.: 3:10cv415/MCR/EMT

INMATE PHONE SERVICE, et al.,

Defendants.

___________________________________/

ORDER

Plaintiff, an inmate of the Santa Rosa County Jail, initiated this civil rights action by filing

a complaint under 42 U.S.C. § 1983 (Doc. 1). 

Upon review of the complaint, it appears Plaintiff failed to use the court-approved form for

filing his complaint. Local Rule 5.1(J) for the Northern District of Florida states that the court will

not accept for consideration a complaint under section 1983 unless the appropriate complaint form

is completed. Thus, Plaintiff must file his complaint on the form for use in section 1983 cases, even

if he wishes to attach separate pages explaining the facts that underlie the complaint.

Additionally, the court notes that Plaintiff has neither paid the filing fee nor submitted a

motion to proceed in forma pauperis. Before this matter may proceed, Plaintiff must either pay the

fee or obtain leave to proceed in forma pauperis by filing a fully and properly completed motion and

attachments.

If Plaintiff wishes to proceed with this action, he must completely fill out a new civil rights

complaint form, marking it “Amended Complaint.” Plaintiff must limit his allegations to claims

related to the same basic incident or issue and 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 include their addresses and

employment positions in the “Parties” section of the form. In the statement of facts, Plaintiff should

clearly describe how each named Defendant is involved in each alleged constitutional violation,
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alleging the claims as to each Defendant in separately numbered paragraphs and including specific

dates and times of the alleged unconstitutional acts. If Plaintiff cannot state exactly how a particular

Defendant harmed him, he should delete or drop that person as a Defendant from his complaint. 

Plaintiff’s request for relief should be limited to only that which he could recover if he succeeds on

his claims. Plaintiff is advised that once an amended complaint is filed, all earlier complaints and

filings are disregarded. N.D. Fla. Loc. R. 15.1.

Plaintiff should file the amended complaint with an original signature and keep an identical

copy for himself. He should not file a memorandum of law or otherwise provide citations to statutes

and cases, and he should not file exhibits as evidentiary support for his complaint. The court will

notify Plaintiff when memoranda and exhibits are necessary, such as prior to trial or in conjunction

with a motion for summary judgment. Furthermore, Plaintiff should not submit service copies of

his complaint unless and until the court directs him to do so. Finally, Plaintiff is advised that

discovery is premature at this stage of the case, and Plaintiff should not do any discovery without

leave of court.

Accordingly, it is ORDERED:

1. The clerk of court is directed to forward to Plaintiff a civil rights complaint form and

a motion to proceed in forma pauperis and a prisoner consent form and financial certificate for use

by prisoners in actions under 42 U.S.C. § 1983. This case number should be written on the forms.

2. Within THIRTY (30) DAYS from the date of docketing of this order, Plaintiff shall

submit a completed motion to proceed in forma pauperis, or pay the filing fee in the amount of

$350.00. Additionally within that time, Plaintiff shall file an amended civil rights complaint, which

shall be typed or clearly written, submitted on the court form, and titled “Amended Complaint.”

3. Plaintiff’s failure to comply with this order may result in a recommendation that this

action be dismissed for failure to comply with a court order.

DONE AND ORDERED this 21st day of October 2010.

/s/ Elizabeth M. Timothy 

ELIZABETH M. TIMOTHY

UNITED STATES MAGISTRATE JUDGE

Case No.: 3:10cv415/MCR/EMT