BENNETT v. GEORGIA DEPARTMENT OF CORRECTIONS

7:25-cv-00124Gamd04.11.2025

Gesamter Gesetzestext

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
DANNY BENNETT, :
:
Plaintiff, :
:
v. : Case No. 7:25-cv-124-WLS-ALS
:
GEORGIA DEPARTMENT :
OF CORRECTIONS, et al., :
:
Defendants. :
_________________________________
ORDER
Pro se Plaintiff Danny Bennett, an inmate currently incarcerated at Valdosta State Prison
in Valdosta, Georgia, filed a handwritten document, which has been docketed as a civil rights
complaint under 42 U.S.C. § 1983.1 (Doc. 1). Plaintiff did not submit his pleading on the required
§ 1983 complaint form, pay the filing fee, or move to proceed in forma pauperis (“IFP”).
Accordingly, Plaintiff is ORDERED to (1) recast his complaint on a standard form, and (2) either
pay the $405.00 filing fee in full or submit a properly completed motion to proceed IFP within
FOURTEEN (14) DAYS of the date of this Order. Plaintiff must complete the entire IFP
application by thoroughly filling out the motion and declaration, as well as submitting “a certified
copy of [his] trust fund account statement (or institutional equivalent) . . . for the 6-month period
immediately preceding the filing of the complaint.” 28 U.S.C. § 1915(a)(2). The Clerk is
DIRECTED to provide Plaintiff with a copy of the appropriate forms for this purpose, marked
with the case number for this case.
1 Plaintiff initially filed this document in the United States District Court for the Northern District of Georgia, which
transferred the case to this Court. (Docs. 2, 3).
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Because Plaintiff is a prisoner, his Complaint is subject to screening pursuant to 28 U.S.C.
§ 1915A, which requires the Court to review every complaint filed by a prisoner who seeks redress
from a government entity, official, or employee. See 28 U.S.C. § 1915A(a). The Court must
dismiss a prisoner complaint if it “(1) is frivolous, malicious, or fails to state a claim upon which
relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such
relief.” Id. §1915A(b). Plaintiff is also ORDERED to recast his Complaint on the Court’s standard
form within FOURTEEN (14) DAYS of the date of this Order. The recast complaint must contain
a caption that clearly identifies, by name, each individual that Plaintiff has a claim against and
wishes to include as a defendant in this action. Plaintiff is to name only the individuals associated
with the claim or related claims that he is pursuing in this action. Plaintiff must provide enough
facts to plausibly demonstrate that each defendant’s actions or omissions resulted in the violation
of his constitutional rights.
When drafting his statement of claims on the Court’s form, it is recommended that Plaintiff
list numbered responses to the following questions (to the extent possible) along with the name of
each defendant:
(1) What did this defendant do (or not do) that violated your constitutional or federal
statutory rights? In other words: What was the extent of this defendant’s role in the
unconstitutional conduct other than being in a supervisory role? Was the defendant
personally involved in the constitutional violation? If not, did his actions otherwise
cause the unconstitutional action? How do you know?
(2) When and where did each action occur (to the extent memory allows)?
(3) How were you injured as a result of this defendant’s actions or decisions? If you
have been physically injured, explain the extent of your injuries and any medical
care requested or provided.
(4) How and when did this defendant learn of your injuries or otherwise become aware
of a substantial risk that you could suffer a serious injury?
(5) What did this defendant do (or not do) in response to this knowledge?
Case 7:25-cv-00124-WLS-ALS Document 5 Filed 11/04/25 Page 2 of 3
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(6) What relief do you seek from this defendant?
Plaintiff’s recast complaint shall take the place of and supersede all allegations made
in the original pleading. The Court will only consider the factual allegations and claims contained
in Plaintiff’s recast complaint on the enclosed § 1983 form. Thus, any fact Plaintiff deems
necessary to his lawsuit should be clearly stated in his recast complaint, even if Plaintiff has
previously alleged it in another filing. As stated above, Plaintiff must name each defendant he
wishes to sue and if Plaintiff fails to link a named defendant to a claim, the claim may be dismissed.
Plaintiff may include additional pages with the Court’s standard form, but the recast
complaint must be no longer than ten (10) pages in its entirety. This ten-page limitation
includes (and is not in addition to) the pre-printed pages of the Court’s standard form.
To reiterate, Plaintiff shall have FOURTEEN (14) DAYS from the date of this Order to
(1) refile his complaint on the Court’s standard § 1983 form, and (2) either pay the $405.00 filing
fee or submit a properly completed motion to proceed in forma pauperis. The CLERK is
DIRECTED to mail Plaintiff a standard 42 U.S.C. § 1983 complaint form and a copy of the
Court’s standard in forma pauperis application and associated documents with this Order. While
this action is pending, Plaintiff must immediately inform the Court in writing of any change in his
mailing address and failure to do so may result in dismissal of this action. There shall be no service
of process until further order of the Court. Plaintiff’s failure to fully and timely comply with this
Order may result in the dismissal of this action.
SO ORDERED, this 4th day of November, 2025.
s/ ALFREDA L. SHEPPARD
UNITED STATES MAGISTRATE JUDGE
Case 7:25-cv-00124-WLS-ALS Document 5 Filed 11/04/25 Page 3 of 3

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