`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF INDIANA
`TERRE HAUTE DIVISION
`
`
`ROBERT SHORTER,
`
`
`
`
`Plaintiff,
`
`v.
`
`
`JACK HENDRIX Executive Director of
`Classification, et al.,
`
`No. 2:20-cv-00657-JPH-DLP
`
`)
`)
`)
`)
`)
`)
`)
`
`)
`)
`)
`
`Defendants.
`
`
`Order Granting Motion to Amend and Directing Plaintiff to File Amended Complaint
`
`Plaintiff, Robert Shorter, at all times an inmate in the Indiana Department of Correction
`
`("IDOC"), filed this action pursuant to 42 U.S.C. § 1983. Because Mr. Shorter is a "prisoner" as
`
`defined by 28 U.S.C. § 1915A(c), this Court has an obligation under 28 U.S.C. § 1915A(a)
`
`to screen his complaint before service on the defendants.
`
`Before the Court had the opportunity to screen his complaint, Mr. Shorter filed a motion to
`
`amend his complaint. Dkt. 9. That motion, dkt. [9], is granted. However, Mr. Shorter did not
`
`include a proposed amended complaint. An amended complaint completely replaces the original
`
`complaint. Beal v. Beller, 847 F.3d 897, 901 (7th Cir. 2017). Accordingly, the amended complaint
`
`must stand on its own, stating all factual allegations against every defendant Mr. Shorter believes
`
`is liable and what relief he seeks. Even construing Mr. Shorter's motion to amend as an amended
`
`complaint, he did not list all the defendants in his amended complaint, and certain factual
`
`allegations appear in his original complaint but not in the amended complaint.
`
`Accordingly, Mr. Shorter shall have through May 21, 2021, to file an amended complaint.
`
`The amended complaint must contain (1) every defendant, claim, and allegation that he wishes to
`
`raise; (2) the relief he seeks; and (3) the case number referenced in the caption of this Order, 2:20-
`
`
`
`1
`
`
`
`Case 2:20-cv-00657-JPH-DLP Document 11 Filed 04/30/21 Page 2 of 2 PageID #: 34
`
`cv-00657-JPH-DLP and have the words "Amended Complaint" on the first page. The clerk is
`
`directed to send Mr. Shorter a blank complaint form with his copy of this Order. If Mr. Shorter
`
`does not file an amended complaint, Mr. Shorter's original complaint, dkt. 2, will remain the
`
`operative complaint.
`
`SO ORDERED.
`
`
`
`
`
`
`Distribution:
`
`ROBERT SHORTER
`108402
`WABASH VALLEY - CF
`WABASH VALLEY CORRECTIONAL FACILITY - Inmate Mail/Parcels
`Electronic Service Participant – Court Only
`
`
`
`
`2
`
`Date: 4/30/2021
`
`