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Case: 3:12-cv-00349-wmc Document #: 6 Filed: 06/04/13 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT



TRAVIS SWENBY and
MICHELLE SWENBY

FOR THE WESTERN DISTRICT OF WISCONSIN















ORDER

12-cv-349-wmc

v.

Plaintiffs,

DUNN COUNTY SHERIFF DEPT.
and BOYCEVILLE POLICE DEPT.,


Defendants.



In this proposed civil action, plaintiffs Travis and Michelle Swenby allege that the

defendants Dunn County Sherriff Dept. and Boyceville Police Dept. failed to investigate

allegations of child abuse made by plaintiffs against their daughters’ guardians (Michelle

Swenby’s parents). Plaintiffs seek leave to proceed in forma pauperis under 28 U.S.C. § 1915.

Magistrate Judge Crocker has determined that they may proceed without prepayment of

costs. The next step is to screen the complaint to determine whether plaintiffs’ proposed

action is (1) frivolous or malicious, (2) fails to state a claim on which relief may be granted,

or (3) seeks money damages from a defendant who is immune from relief. 28 U.S.C. §

1915(e)(2).

Plaintiffs’ complaint will be dismissed without prejudice because they failed to include

sufficient facts -- indeed virtually any facts -- showing that they are entitled to relief. Federal

Rule of Civil Procedure 8 requires that a complaint set forth a short, plain statement of the

claim showing that the pleader is entitled to relief. This means that "the complaint must

describe the claim in sufficient detail to give the defendant fair notice of what the . . . claim is

and the grounds upon which it rests." EEOC v. Concentra Health Services, Inc., 496 F.3d 773,

776 (7th Cir. 2007). Because plaintiffs’ complaint does not comply with Rule 8, the court

will dismiss it without prejudice.

Case: 3:12-cv-00349-wmc Document #: 6 Filed: 06/04/13 Page 2 of 2

Plaintiffs will have until June 28, 2013, to file an amended complaint that complies

with Rule 8. If plaintiffs submit an amended complaint, it should include short, plain

statements of fact made in numbered paragraphs, explaining what happened to make them

believe their rights were violated; when it happened; and who did it. In other words,

plaintiffs should write their complaint as if they are telling a story to someone who knows

nothing about their situation. If plaintiffs do this, the court will take the amended complaint

under advisement for screening pursuant to 28 U.S.C. § 1915(e)(2). If plaintiffs fail to

respond to this order by June 28, 2013, the case will be closed.

ORDER

IT IS ORDERED that plaintiffs Travis and Michelle Swenby’s complaint is

DISMISSED WITHOUT PREJUDICE for failure to comply with Fed. R. Civ. P. 8. Plaintiffs

may have until June 28, 2013 to submit a proposed amended complaint. If plaintiffs submit

a revised complaint by that date, the court will take that complaint under advisement for

screening pursuant to 28 U.S.C. § 1915(e)(2). If plaintiffs fail to

respond by that date, then the clerk of court is directed to close this case for plaintiffs’ failure

to prosecute.





BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge







Entered this 4th day of June, 2013.




































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