Haynes v. Quinn et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:24-cv-125-FDW
ROBERT JEREMY HAYNES, )
)
Plaintiff, )
)
vs. ) ORDER
)
FNU QUINN, et al., )
)
Defendants. )
____________________________________)
THIS MATTER is before the Court sua sponte. The Plaintiff is proceeding in forma
pauperis. [Doc. 5].
The incarcerated Plaintiff filed this action pursuant to 42 U.S.C. § 1983 addressing
incidents that allegedly occurred at the Alexander Correctional Institution. [Doc. 1]. The
Complaint has not yet been screened for frivolity.
The Plaintiff has now filed an “Amended Complaint” that appear to be an attempt to amend
the Complaint on a piecemeal basis. [Doc. 6]. Piecemeal amendment not be allowed and this
document will be stricken. However, the Plaintiff will be granted the opportunity to amend the
Complaint within 30 days of this Order, if he wishes to do so. Any Amended Complaint will be
subject to all timeliness and procedural requirements and will supersede the Plaintiff’s previous
filings. Should the Plaintiff fail to comply with this Order, the Court will proceed on the Complaint
[Doc. 1] as originally filed.
IT IS THEREFORE ORDERED that:
1. The Plaintiff’s “Amended Complaint” [Doc. 6] is STRICKEN.
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2. The Plaintiff may file a superseding Amended Complaint within thirty (30) days of this
Order. Should Plaintiff fail to amend his Complaint in accordance with this Order, the
Court will proceed on the Complaint [Doc. 1].
The Clerk is respectfully instructed to mail Plaintiff a blank prisoner § 1983 form and a
copy of this Order.
IT IS SO ORDERED.
Signed: June 24, 2024
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