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)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA DARNELL WESLEY MOON, ) ) ) ) ) ) ) ) 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 . . ."; ! 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 ! 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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