O'Connor v. Hutchesson et al

Filing 2

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that the Clerk shall mail to plaintiff a copy of the Court's form Prisoner Civil Rights Complaint.IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff a copy ofthe Courts form Motion to Proceed In Forma Pauperis Prisoner Cases.IT IS FURTHER ORDERED that plaintiff shall file an amended complaint onthe Court-provided form within thirty (30) days of the date of this Order. Plaintiff is advised that his amended complaint will take the place of his original complaint and will be the only pleading that this Court will review.IT IS FURTHER ORDERED that plaintiff shall either pay the $350 filing feeor submit a motion to proceed in forma pauperis within thirty (30) days of the date of thi s Order. IT IS FURTHER ORDERED that if plaintiff submits a motion to proceed in forma pauperis, he must also submit a certified copy of his prison account statement for the six-month period immediately preceding the filing of his complaint. IT IS FUR THER ORDERED that if plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice. If the case is dismissed for noncompliance with this Order, the dismissal will not constitute a strike under 28 U.S.C.§ 1915(g). Response to Court due by 12/26/2012. Signed by Magistrate Judge Lewis M. Blanton on 11/26/12. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
JAMES O’CONNOR,
Plaintiff,
v.
CORY HUTCHESSON, et al.,
Defendants.

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No. 1:12-CV-0192-LMB

MEMORANDUM AND ORDER
This matter is before the Court upon review of plaintiff’s pro se complaint. The
complaint is defective because it has not been drafted on a Court-provided form. See
Local Rule 2.06(A). Moreover, plaintiff has neither paid the filing fee nor submitted
a motion to proceed in forma pauperis along with a prison account statement. See 28
U.S.C. § 1915(a).
Accordingly,
IT IS HEREBY ORDERED that the Clerk shall mail to plaintiff a copy of the
Court’s form Prisoner Civil Rights Complaint.
IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff a copy of
the Court’s form Motion to Proceed In Forma Pauperis – Prisoner Cases.
IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on
the Court-provided form within thirty (30) days of the date of this Order. Plaintiff is

advised that his amended complaint will take the place of his original complaint and
will be the only pleading that this Court will review.
IT IS FURTHER ORDERED that plaintiff shall either pay the $350 filing fee
or submit a motion to proceed in forma pauperis within thirty (30) days of the date of
this Order.
IT IS FURTHER ORDERED that if plaintiff submits a motion to proceed in
forma pauperis, he must also submit a certified copy of his prison account statement for
the six-month period immediately preceding the filing of his complaint.
IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order,
the Court will dismiss this action without prejudice. If the case is dismissed for noncompliance with this Order, the dismissal will not constitute a “strike” under 28 U.S.C.
§ 1915(g).
Dated this

26th

day of November, 2012.

LEWIS M. BLANTON
UNITED STATES MAGISTRATE JUDGE

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