Patty v. Lombardi et al
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, consistent with this Order, plaintiff shall file an amended complaint on th e court-provided form within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. #6, pp. 7-9] is GRANTED. IT IS FURTHER ORDERED that plaintiff's original motion to pro ceed in forma pauperis [Doc. #2] and motion to file an amended complaint [Doc. #3] are DENIED as moot. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice and without further n otice to him. If the case is dismissed, the dismissal will not constitute a "strike" under 28 U.S.C. 1915(g).( Amended/Supplemental Pleadings due by 7/14/2014.) Signed by District Judge Stephen N. Limbaugh, Jr on 6/13/2014. (prisoner civil rights forms forwarded to plaintiff)(JMC)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SABIN IAN PATTY,
GEORGE A. LOMBARDI, et al.,
MEMORANDUM AND ORDER
This matter is before the Court on review of plaintiff's motion for leave to
proceed in forma pauperis [Doc. #6, pp. 7-9]. Plaintiff states that despite his
numerous attempts to obtain a copy of his inmate account statement, he has been
unable to do so [Doc. #6, pp. 1-6]. Under these circumstances, the Court will grant
plaintiff leave to proceed in form pauperis and, at this time, no initial partial filing
fee will be assessed.
The Court notes that plaintiff has filed a pro se complaint and exhibits [Doc.
#1], a motion to amend the complaint [Doc. #3], as well as a document titled "Order
to Show Cause for an [sic] Preliminary Injunction," [Doc. #3], which the Court will
liberally construe as a supplement to the complaint. Because all claims in an action
must be included in one, centralized complaint form, as neither the Court nor
defendants wish to search through supplemental pleadings in order to piece together
plaintiff=s claims, the Court will give him an opportunity to file an amended
complaint on a court-provided form, as set forth below.1
In filing his amended complaint, plaintiff must be mindful that the number of
claims a litigant may assert in a single action is limited by Federal Rule of Civil
Procedure 20(a)(2), which provides:
Persons . . . may be joined in one action as defendants if: (A)
any right to relief is asserted against them jointly, severally, or in the
alternative with respect to or arising out of the same transaction,
occurrence, or series of transactions or occurrences; and (B) any
question of law or fact common to all defendants will arise in the
Thus, a plaintiff cannot normally seek to join in one lawsuit a multitude of
claims against a host of different defendants, relating to events arising out of a series
of different occurrences or transactions.
In other words, AClaim A against
Defendant 1 should not be joined with unrelated Claim B against Defendant 2.@
George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007). "Unrelated claims against
different defendants belong in different suits, . . . [in part] to ensure that prisoners
pay the required filing fees - for the Prison Litigation Reform Act limits to 3 the
number of frivolous suits or appeals that any prisoner may file without prepayment
The Court will instruct the Clerk to mail plaintiff a blank form complaint for
the filing of a prisoner civil rights action. Plaintiff must complete his amended
complaint on the court-provided form.
of the required fees." Id. Therefore, in filing his amended complaint, plaintiff
should select the transaction or occurrence he wishes to pursue, in accordance with
the Federal Rules of Civil Procedure, limiting his facts and allegations to the
defendant(s) involved in said occurrence. Plaintiff should only include in his
amended complaint those claims that arise out of the same transaction or occurrence.
See Fed.R.Civ.P. 20(a)(2).
Alternatively, plaintiff may choose to select one
defendant and set forth as many claims as he has against that single individual. See
Fed.R.Civ.P. 18(a). Plaintiff may not assert any claims on behalf of other inmates.
Plaintiff is reminded that he is required to submit his amended complaint on a
court-provided form, and it must comply with Rules 8 and 10 of the Federal Rules of
Civil Procedure. Specifically, in the "Caption" of the form complaint, plaintiff
shall set forth the name of each defendant he wishes to sue; and in the "Statement of
Claim," plaintiff shall start by typing the first defendant=s name, and under that
name, he shall set forth in separate numbered paragraphs the allegations supporting
his claim(s) as to that particular defendant, as well as the right(s) that he claims that
particular defendant violated. If plaintiff is suing more than one defendant, he shall
proceed in this manner with each of the named defendants, separately setting forth
each individual name and under that name, in numbered paragraphs, the allegations
specific to that particular defendant and the right(s) that he claims that particular
The amended complaint must contain short and plain statements showing that
plaintiff is entitled to relief, the allegations must be simple, concise, and direct, and
the numbered paragraphs must each be limited to a single set of circumstances. If
plaintiff needs more space, he may attach additional sheets of paper to the amended
complaint and identify them as part of the "Caption" or "Statement of Claim."
Because the Court is allowing plaintiff to amend his complaint, it will take no action
as to the named defendants at this time. Plaintiff is advised that the amended
complaint will replace the original complaint and supplement and will be the only
pleading this Court reviews. See, e.g., In re Wireless Telephone Federal Cost
Recovery Fees Litigation, 396 F.3d 922, 928 (8th Cir. 2005). In addition, plaintiff
is instructed not to attach any exhibits to his amended complaint.
Last, if plaintiff wishes to pursue additional claims against additional
defendants, and the claims to not arise from the same transaction or occurrence, he
must file each such claim(s) on a separate complaint form and either pay the $400
filing fee or file a motion for leave to proceed in forma pauperis and certified inmate
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, consistent with this Order, plaintiff shall
file an amended complaint on the court-provided form within thirty (30) days of the
date of this Order.
IT IS FURTHER ORDERED that plaintiff's motion to proceed in forma
pauperis [Doc. #6, pp. 7-9] is GRANTED.
IT IS FURTHER ORDERED that plaintiff=s original motion to proceed in
forma pauperis [Doc. #2] and motion to file an amended complaint [Doc. #3] are
DENIED as moot.
IT IS FURTHER ORDERED that if plaintiff fails to comply with this
Order, the Court will dismiss this action without prejudice and without further notice
to him. If the case is dismissed, the dismissal will not constitute a Astrike@ under 28
U.S.C. ' 1915(g).
Dated this 13th day of June, 2014.
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?