Ruther v. Michigan State Attorney General

Filing 3

ORDER Requiring Plaintiff to File an Amended Complaint. ( Amended Complaint due by 2/27/2017.) Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
L. RUTHER,
Plaintiff,

Case No. 17-cv-10176
Hon. Matthew F. Leitman

v.
STATE OF MICHIGAN,
Defendant.
_________________________________/
ORDER REQUIRING PLAINTIFF TO FILE AN AMENDED COMPLAINT
On January 9, 2017, Plaintiff L. Ruther (“Ruther”) filed this action against
Defendant the State of Michigan. (See Compl., ECF #1.)

After expending

considerable effort, the Court concludes that it cannot adequately decipher
Ruther’s handwriting in the Complaint because it is not legible. Nor can the Court
discern from the currently-filed Complaint (1) what Ruther’s alleged cause of
action is or (2) how this Court has jurisdiction over Ruther’s claim(s).

The

allegations of record are therefore insufficient to establish the Court’s jurisdiction
in this case.
Accordingly, IT IS HEREBY ORDERED that by no later than February
27, 2017, Ruther shall file an Amended Complaint that contains (1) a more definite
statement of his claim(s) against the State of Michigan and (2) sufficient factual
allegations to establish this Court’s subject-matter jurisdiction. In addition, to
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enable the Court to review the Amended Complaint, Ruther shall submit that
pleading in a format that is legible to the Court. Specifically, Ruther is ordered to
either (1) submit his Amended Complaint in a typed format (either by use of
computer, typewriter, or other word processor) or (2) hand-write the Amended
Complaint on every other line of his paper (i.e., he must leave a blank line in
between the lines of text that he writes). Any hand-written Amended Complaint
shall also use both uppercase and lowercase letters (i.e., it must not use all capital
letters) and no writing shall appear within one inch of the top or bottom of each
page.
If Ruther does not file an Amended Complaint with the Clerk of the Court as
set forth above by February 27, 2017, the Court will dismiss his Complaint
without prejudice.
IT IS SO ORDERED.

Dated: January 25, 2017

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on January 25, 2017, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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