Coleman v. Hakala et al

Filing 10

MEMORANDUM AND ORDER: IT IS HEREBY 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 defendants in their official and/or individual capa cities, in accordance with the specific instructions set forth above. IT IS FURTHER ORDERED that plaintiff's failure to supplement hiscomplaint in accordance with this Court's instructions will result in the dismissal of this action, without prejudice and without further notice to him. Amended/Supplemental Pleadings due by 7/10/2013. Signed by District Judge Stephen N. Limbaugh, Jr on 6/10/2013. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
ALONZO DWAYNE COLEMAN,
Plaintiff,
v.
MICHAEL C. HAKALA, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

No. 1:13CV61 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court for review of plaintiff’s complaint pursuant to
28 U.S.C. § 1915A. Under § 1915A, the Court is required to review the complaint
and dismiss it if it is frivolous, malicious, fails to state a claim upon which relief can
be granted, or seeks monetary relief from a defendant who is immune to such relief.
After reviewing the complaint, the Court believes that, although plaintiff may
be able to assert claims against defendants 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 them in their official
and/or individual capacities.
Taking into consideration the fact that plaintiff is proceeding pro se, the Court
will instruct plaintiff to file a written supplement to his complaint, in which he states
the capacity (i.e., official capacity, individual capacity, or both individual and official

capacities) in which he is suing each of the named defendants. Moreover, because
the Court is allowing plaintiff to supplement his complaint, it will take no action as
to the named defendants at this time. Plaintiff is advised that he must sign the
supplement to the complaint.
In accordance with the foregoing,
IT IS HEREBY 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 defendants in their official and/or individual capacities, 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 10th day of June, 2013.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

-2-