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Callendret v. Department of Corrections Headquarters Classification Team

United States District Court, W.D. Washington, Tacoma

May 22, 2019

TERRY LEE CALLANDRET, Plaintiff,
v.
DEPARTMENT OF CORRECTIONS HEADQUARTERS CLASSIFICATION TEAM, Defendant.

          ORDER TO FILE AMENDED COMPLAINT

          David W. Christel, United States Magistrate Judge.

         Plaintiff Terry Lee Callandret, proceeding pro se and in forma pauperis, filed this civil rights complaint under 42 U.S.C. § 1983. Currently before the Court are Plaintiff's Motion to Correct Statement of Claim (Dkt. 12), Motion for a Court Order Directing the Washington Corrections Center to Return Documents (Dkt. 14), and Motion Asking the Court to Retrieve Documents of Evidence (Dkt. 15). After reviewing the relevant record, the Court denies Plaintiff's pending Motions (Dkt. 12, 14, 15) and directs Plaintiff to file an amended complaint on or before June 21, 2019.

         I. Background

         In the Complaint, Plaintiff alleges Defendant Department of Corrections Headquarters Classification Team (“Classification Team”) violated Plaintiff's constitutional rights by failing to protect him. Dkt. 5. Specifically, Plaintiff states he was attacked at the Washington State Penitentiary (“WSP”). Id. After the attack, the Classification Team transferred Plaintiff to Clallam Bay Corrections Center (“CBCC”) and housed him with “friends of the same 2-races” that attacked him. Id.

         II. Letters (Dkt. 9, 13)

         Plaintiff filed two letters with the Court requesting clarification of the status of his case. Dkt. 9, 13. In response to the letters, the Court provides the following information:

         On April 10, 2019, Plaintiff initiated this lawsuit. Dkt. 1. The Complaint was properly filed in the Tacoma Division. On April 17, 2019, this Court screened Plaintiff's Complaint under 28 U.S.C. § 1915A and found Plaintiff failed to state a claim upon which relief could be granted. Dkt. 6. The Court directed Plaintiff to file an amended pleading by May 17, 2019 curing the deficiencies of his Complaint. Id.

         Plaintiff also sent a nearly-identical complaint (“second complaint”) by first-class mail to the Seattle Division courthouse, which was received on April 15, 2019. See Callendret v. Dep't of Corrections Headquarters Classification Team, No. 2:19-cv-559-RAJ-MLP (“Seattle Case”). The Seattle Case was terminated because the second complaint was duplicative of this case and should not have been opened. See Id. at Docket Entry No. 5.

         Plaintiff has not filed an amended complaint to correct the deficiencies identified by the Court in the Order to File Amended Complaint (“Order”) issued on April 17, 2019. As the Court has determined Plaintiff has not stated a claim upon which relief can be granted, Plaintiff's Complaint has not been served. The Court will not direct service of any subsequent complaint until determining Plaintiff has stated a claim upon which relief can be granted.

         III. Motion to Correct Statement of Claim (Dkt. 12)

         On May 1, 2019, Plaintiff filed the Motion to Correct Statement of Claim stating the Court did not accurately restate the allegations in the Complaint in the Order and asking the Court to correct the Order. Dkt. 12. Specifically, Plaintiff states that, in the Statement of the Claim in his Complaint, Plaintiff alleged the “DOC HQ without reluctance placed me in a prison around the ‘friends' of the same 2-races that I was assaulted and attacked by.” Id. The Order summarized the allegations in the Complaint, stating the Classification Team transferred Plaintiff to CBCC where Plaintiff was housed with members of the same group that attacked him. Dkt. 6. The Court was summarizing the allegations in the Complaint and declines to “correct” the language in the Order. Therefore, Plaintiff's Motion to Correct Statement of Claim (Dkt. 12) is denied.

         IV. Motions to Direct Parties to Return Documents (Dkt. 14, 15)

         On April 29, 2019, Plaintiff filed a Motion for the Court to Order the Washington Corrections Center to Return Documents. Dkt. 14. On May 6, 2019, Plaintiff filed a Motion for the Court to Retrieve Documents of Evidence. Dkt. 15. In the Motions, Plaintiff asks the Court to order the Washington Corrections Center (“WCC”), a private law firm, and the “Office of Corrections Ombuds” to return documents to Plaintiff. Dkt. 14, 15. This Court cannot issue an order against an individual who is not a party to a suit pending before it. See Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100 (1969). As Plaintiff has only named the Classification Team as a defendant in this action, Plaintiff is requesting the Court enter an order against entities that are not a party to this lawsuit. Therefore, the Motions (Dkt. 14, 15) are denied without prejudice.

         V. Response to ...


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