MOON et al v. FEDERAL BUREAU OF PRISONS et al
Filing
19
ENTRY Concerning Selected Matters; The plaintiff's renewed motion for leave to proceed in forma pauperis 12 is granted. The plaintiff's motions to supplement the complaint [15 and 16] are denied. The plaintiff shall have through September 8, 2011, in which to file an amended complaint. (see Entry for details) Signed by Judge Jane Magnus-Stinson on 8/30/2011. (copy to plaintiff via U.S. mail) (NKD)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
DARNELL WESLEY MOON,
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Plaintiff,
vs.
FEDERAL BUREAU OF PRISONS, et al.,
Defendants.
2:11-cv-178-JMS-WGH
Entry Concerning Selected Matters
I.
The plaintiff’s renewed motion for leave to proceed in forma pauperis [12] is
granted. Notwithstanding the foregoing ruling, the plaintiff owes the filing fee. “All [28
U.S.C.] § 1915 has ever done is excuse pre-payment of the docket fees; a litigant remains
liable for them, and for other costs, although poverty may make collection impossible.”
Abdul-Wadood v. Nathan, 91 F.3d 1023, 1025 (7th Cir. 1996). Accordingly, a separate
order pursuant to 28 U.S.C. § 1915(b) for the collection of the filing fee is being issued.
II.
The plaintiff’s motions to supplement the complaint [15 and 16] are denied.
Instead, the plaintiff shall have through September 8, 2011, in which to file an
amended complaint. The plaintiff is notified that the amended complaint will completely
replace and supersede the original complaint. Massey v. Helman, 196 F.3d 727, 735 (7th
Cir. 1999). In submitting an amended complaint, he shall conform to the following
guidelines:
!
The amended complaint shall comply with the requirement of Rule 8(a)(2)
of the Federal Rules of Civil Procedure that pleadings contain "a short and
plain statement of the claim showing that the pleader is entitled to relief . . .";
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The amended complaint shall comply with the requirement of Rule 10 that
the allegations in a complaint be made in numbered paragraphs, each of
which should recite, as far as practicable, only a single set of
circumstances; and
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The amended complaint must identify what legal injury he claims to have
suffered and what persons are responsible for each such legal injury.
IT IS SO ORDERED.
08/30/2011
Date: __________________
_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana
Distribution:
DARNELL WESLEY MOON
34077-044
TERRE HAUTE - USP
TERRE HAUTE U.S. PENITENTIARY
Inmate Mail/Parcels
P.O. BOX 33
TERRE HAUTE, IN 47808
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