Simmons v. Dodson

Filing 9

MEMORANDUM AND ORDER re: 4 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Richard L. Simmons motion is GRANTED( Initial Partial Filing Fee due by 11/27/2013.)IT IS FURTHER ORDERED that plaintiff may fi le an amended complaint within than 30 days from the date of this Order.IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order,the Court will dismiss this action without further proceedings. Signed by District Judge Stephen N. Limbaugh, Jr on 10/28/13. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
RICHARD L. SIMMONS,
Plaintiff,
v.
DANNY DODSON, et al.,
Defendants.

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No. 1:13CV138 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court upon the motion of Richard L. Simmons
(registration no. 1030094), an inmate at Southeast Correctional Center, for leave to
commence this action without payment of the required filing fee. For the reasons
stated below, the Court finds that plaintiff does not have sufficient funds to pay the
entire filing fee and will assess an initial partial filing fee of $12.20. See 28 U.S.C.
§ 1915(b)(1). Additionally, the Court will require plaintiff to file a second amended
complaint that complies with the Federal Rules of Civil Procedure.
Plaintiff brings this action under several federal statutes and state law against
several officials at the Pemiscot County Justice Center. Plaintiff complains that he
was denied adequate medical care, and he also complains that jail officials took
money from his social security income to pay for his medications.

The 136-page complaint, which is poorly handwritten, is far too long. Plaintiff
rambles about states of affairs that are not related to his claims, he cites case law
unnecessarily, and he often repeats his allegations or presents too much detailed
information. This makes the complaint difficult to review, and defendants cannot be
expected to respond to the inarticulate allegations.
Rule 8(a) of the Federal Rules of Civil Procedure requires that a complaint
contain (1) “a short and plain statement of the grounds for the court’s jurisdiction,”
(2) “a short and plain statement of the claim showing that the pleader is entitled to
relief,” and (3) “a demand for the relief sought.” Because the complaint is overly
long and repetitive, it does not comply with Rule 8(a), and it is dismissible as a result.
See Micklus v. Greer, 705 F.2d 314, 317 n. 3 (8th Cir. 1983).
Rule 10(b) requires that all allegations “of claim or defense shall be made in
numbered paragraphs, the contents of each of which shall be limited as far as
practicable to a statement of a single set of circumstances.”
Plaintiff must file an amended complaint that complies with Rules 8 and 10.
He must allege specifically what each defendant did that injured him, but he must not
cite to case law or develop unnecessary history. He must use numbered paragraphs.
And he must group his claims into coherent categories, such as “Social Security
Claims” or “Inadequate Medical Care Claims.” And within each category, he must
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state which defendants are involved within it and how each defendant violated his
rights. Finally, plaintiff must make every effort to draft the amended complaint in a
legible manner; using a typewriter is preferable to hand writing.
Plaintiff shall have thirty days from the date of this Order to file an amended
complaint that complies with this Order. Plaintiff is warned that the filing of an
amended complaint replaces the original complaint, and claims that are not realleged
are deemed abandoned. E.g., In re Wireless Telephone Federal Cost Recovery Fees
Litigation, 396 F.3d 922, 928 (8th Cir. 2005). If plaintiff fails to file an amended
complaint within thirty days, the Court will dismiss this action without prejudice.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma
pauperis [Doc. 4] is GRANTED.
IT IS FURTHER ORDERED that plaintiff shall pay an initial filing fee of
$12.20 within thirty (30) days of the date of this Order. Plaintiff is instructed to make
his remittance payable to “Clerk, United States District Court,” and to include upon
it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that
the remittance is for an original proceeding.
IT IS FURTHER ORDERED that plaintiff may file an amended complaint
within than 30 days from the date of this Order.
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IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order,
the Court will dismiss this action without further proceedings.
Dated this 28th day of October, 2013.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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