Fitzpatrick v. Stotier

Filing 4

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that the Clerk shall not issue process or causeprocess to issue upon the complaint at this time.IT IS FURTHER ORDERED that plaintiff shall file a written supplement tohis complaint within thirty (30) days fr om the date of this Order, stating whether he is suing the named defendant in his official and/or individual capacity, in accordance with the specific instructions set forth above.IT IS FURTHER ORDERED that plaintiff's failure to supplement his complaint in accordance with this Court's instructions will result in the dismissal ofthis action, without prejudice and without further notice to him. Response to Court due by 4/26/2013. Signed by District Judge Stephen N. Limbaugh, Jr on 3/27/13. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION

MICHAEL RAY FITZPATRICK,
Plaintiff,
v.
BRAD STOTIER,
Defendant.

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No. 1:13-CV-36-SNLJ

MEMORANDUM AND ORDER
This matter is before the Court upon review of the complaint [Doc. #1] under
28 U.S.C. § 1915. The Court believes that, although plaintiff may be able to assert
a claim against defendant Brad Stotier based on the denial of his Constitutional rights,
plaintiff has failed to state a claim upon which relief may be granted at this time,
because the complaint is silent as to whether he is suing Stotier in his official and/or
individual capacity.
Taking into consideration the fact that plaintiff is proceeding pro se and in
forma pauperis, the Court will instruct him to file a written supplement to his
complaint, in which he simply states the capacity (i.e., official capacity, individual
capacity, or both individual and official capacities) in which he is suing the named

defendant, Brad Stotier. Plaintiff is advised that he must sign the supplement to the
complaint.
In accordance with the foregoing,
IT IS HEREBY ORDERED that the Clerk shall not issue process or cause
process to issue upon the complaint at this time.
IT IS FURTHER ORDERED that plaintiff shall file a written supplement to
his complaint within thirty (30) days from the date of this Order, stating whether he
is suing the named defendant in his official and/or individual capacity, in accordance
with the specific instructions set forth above.
IT IS FURTHER ORDERED that plaintiff's failure to supplement his
complaint in accordance with this Court's instructions will result in the dismissal of
this action, without prejudice and without further notice to him.
Dated this 27th day of March, 2013.

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UNITED STATES DISTRICT JUDGE

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