An inmate filed a pro se complaint pursuant to 42 U.S.C. sec. 1983, alleging that he was exposed to secondhand smoke when he was inside his “no-smoking” unit, “because other inmates routinely smoked there without being subject to discipline.”  He refused to be an informant and, thus, did not tell prison officials who was doing that smoking.  The U.S. Magistrate Judge ruled that the plaintiff had not properly completed out the form for use in Section 1983 cases; however, the Magistrate Judge allowed Webster thirty days to filed a “Third Amended Complaint,” which would either be in full compliance with the rules or be dismissed.

2006 U.S. Dist. LEXIS 65565 (U.S.D.C. No. D. Fla.).