United States District Court, E.D. Virginia, Richmond Division
SUNDARI K. PRASAD, Plaintiff,
STATE OF VA, et al., Defendants.
A. Gibncy, Jr. United States District Judge
a Virginia inmate proceeding pro se and in forma
pauperis, submitted this civil action. On her own
initiative, Plaintiff filed a Particularized Complaint. (ECF
No. 11.) By Memorandum Order entered on March 15, 2018, the
Court directed Plaintiff to file a second particularized
complaint and explained as follows:
However, in order to state a viable claim under
Bivens,  a plaintiff must allege that a person
acting under color of federal authority deprived him or her
of a constitutional right or of a right conferred by a law of
the United States. See Williams v. Burgess, No.
3:09cv115, 2010 WL 1957105, at *2 (E.D. Va. May 13, 2010)
(citing Goldstein v. Moatz, 364 F.3d 205, 210 n.8
(4th Cir. 2004)). Courts must liberally construe pro
se civil rights complaints in order to address
constitutional deprivations. Gordon v. Leeke, 574
F.2d 1147, 1151 (4th Cir. 1978). Nevertheless,
"[principles requiring generous construction of pro
se complaints are not... without limits."
Beaudett v. City of Hampton, 775 F.2d 1274, 1278
(4th Cir. 1985). Plaintiffs current allegations fail to
provide each defendant with fair notice of the facts and
legal basis upon which his or her liability rests. See
Bell Atl Corp. v. Twombly, 550 U.S. 544, 555 (2007)
(quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)).
Accordingly, Plaintiff is DIRECTED, within fourteen (14) days
of the date of entry hereof, to file a second particularized
complaint in conformance with the following directions and in
the order set forth below:
a. At the very top of the particularized pleading, Plaintiff
is directed to place the following caption in all capital
letters "SECOND PARTICULARIZED COMPLAINT FOR CIVIL
ACTION NUMBER 3:17CV686."
b. The first paragraph of the particularized pleading must
contain a list of defendants. Thereafter, in the body of the
particularized complaint, Plaintiff must set forth legibly,
in separately numbered paragraphs, a short statement of the
facts giving rise to her claims for relief. Thereafter, in
separately captioned sections, Plaintiff must clearly
identify each civil right violated. Under each section, the
Plaintiff must list each defendant purportedly liable under
that legal theory and explain why she believes each defendant
is liable to her. Such explanation should reference the
specific numbered factual paragraphs in the body of the
particularized complaint that support that assertion.
Plaintiff shall also include a prayer for relief.
c. The particularized pleading will supplant the prior
complaints. The particularized pleading must stand or fall of
its own accord. Plaintiff may not reference statements in the
TO COMPLY WITH THE FOREGOING DIRECTIONS WILL RESULT IN
DISMISSAL OF THE ACTION. See Fed. R.
Civ. P. 41(b).
Rule of Civil Procedure 18(a) provides that: "A party
asserting a claim, counterclaim, crossclaim, or third-party
claim may join, as independent or alternative claims, as many
claims as it has against an opposing party."
Nevertheless, when a plaintiff seeks to bring multiple claims
against multiple defendants, she must also satisfy Federal
Rule of Civil Procedure 20 which provides:
(2) Defendants, Persons . . . may be joined in one
action as defendants if:
(A) any right to relief is asserted against them jointly,
severally, or in the alternative with respect to or arising
out of the same transaction, occurrence, or series of
transactions or occurrences; and
(B) any question of law or fact common to all defendants will
arise in the action.
Fed. R. Civ. P. 20(a)(2). "Rule 20 does not authorize a
plaintiff to add claims 'against different parties [that]
present entirely different factual and legal
issues.'" Sykes v. Bayer Pharm. Corp., 548
F.Supp.2d 208, 218 (E.D. Va. 2008) (alterations in original)
(quoting Lovelace v. Lee, No. 7:03CV00395, 2007 WL
3069660, at *1 (W.D. Va. Oct. 21, 2007)). Accordingly,
Plaintiffs second particularized complaint must also comport
with the joinder requirements. If Plaintiff fails to submit
an appropriate second particularized complaint that ...