Carter v. Mulcahy et al

Filing 44

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff is given until Monday, March 24, 2014 to file an amended complaint, if he so desires. Response to Court due by 3/24/2014. Signed by District Judge John A. Ross on 3/17/14. (CSG)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION LARRY LASHAWN CARTER, Plaintiff, v. CAPTAIN MULCAHY, et al., Defendants. ) ) ) ) ) ) ) ) ) No. 1:13CV159 JAR MEMORANDUM AND ORDER This matter is before the Court on Plaintiff=s Response to the Answer of Defendants Susie Gibbs, Charla Holder and Dr. Charles Pewitt to Plaintiff’s Amended Complaint (“Response”; ECF No. 43). In the Response, Plaintiff complains of several events that were not included in his Amended Complaint. The Court does not accept amendments by interlineation. If Plaintiff wishes to amend his complaint again, he must provide a proposed amended complaint that includes each and every claim he wishes to bring against every defendant in this action. Plaintiff is warned that the filing of an amended complaint replaces the original complaint (and the current amended 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). Accordingly, IT IS HEREBY ORDERED that Plaintiff is given until Monday, March 24, 2014 to file an amended complaint, if he so desires. -1- Dated this 17th day of March, 2014. JOHN A. ROSS UNITED STATES DISTRICT JUDGE UNITED STATES DISTRICT JUDGE -2-

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