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Melby v. Morgan — memorandum opinion, Doc. 26

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Case 3:22-cv-00134-JAG-MRC Document 26 Filed 12/22/22 Page 7 of 12 PagelD# 136 Claim Eight: Defendant “Armstrong was deliberately indifferent when I asked him to send my time credit to D.O.C.” and “Sheriff Gabe Morgan, Sr. is also legally responsible due to the fact that his office participated in a series of unconstitutional behavior.” (Jd. at 12-13.) Melby seeks monetary damages. (/d. at 13.) IV. DISMISSAL OF IMPROPERLY JOINED CLAIMS The Court now proceeds with the analysis outlined in the August 4, 2022, Memorandum Order. (ECF No. 21, at 3.) The first named defendant in the body of the Particularized Complaint is Defendant Chandler. (ECF No. 23, at 1.) Defendant Chandler is named in Claim Five along with Defendants Murray and Evans. Defendant Chandler is also named in Claim Six (b), but Defendants Murray and Evans are not named in any other discernable claim for relief.5 Although Defendant Chandler is named in Claim Six (b), that portion of Claim Six is not properly joined with Claim Six (a) or (c) despite being included in the same paragraph. In Claim Six (a), Melby contends that Defendant Walker “altered the integrity of my disciplinary hearing report.” (Id. at 12.) Next, in Claim Six (b), Melby argues that Defendant Chandler “responded to a grievance that was about her actions which is a substantial conflict of interest.” (Jd.) Finally, in Claim Six (©), Melby contends that Defendant Petitfere “lost or destroyed my inmate request forms that were critical in me starting my initial grievance/and simply delated/obstructed my right to due process.” (id.) Although Melby labels these three very different allegations as a violation of his right to due process, they each allege different conduct, presumably on different dates, against different 5 The Court recognizes that Melby includes other vague references to Defendants Chandler, Murray, and Evans in his rambling statement of his claims. At the end of Claim Seven, Melby generally faults Defendants Walker, Hughes, Chandler, Murray, and Armstrong for discriminating against him for “neglecting to find any solutions to any of my grievances” (ECF No. 23, at 12), and at the end of Claim Eight, faults all of the Defendants “because they all played a specific role in personally violating me.” (/d. at 13.) These allegations are too vague and conclusory to state a claim for relief much less one that comports with joinder requirements.
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