Bell v. Ste. Genevieve County et al

Filing 18

MEMORANDUM AND ORDER re: 17 MOTION for Reconsideration re 16 Order on Motion to Reopen Case, filed by Plaintiff Joshua Aaron Bell; motion is GRANTED.IT IS FURTHER ORDERED that, on or before October 8, 2015, plaintiff shall either pay the enti re $400 filing fee, or he shall file a motion for leave to proceed in forma pauperis along with a certified copy of his prison account statement for past six-months. IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff a copy of the Cour t=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 on or before October 8, 2015. 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. (Response to Court due by 10/8/2015.) Signed by District Judge Stephen N. Limbaugh, Jr on 9/9/15. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
JOSHUA AARON BELL,
Plaintiff,
v.
STE. GENEVIEVE COUNTY, et al.,
Defendants.

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No. 1:14-CV-94-SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff's motion to reopen this case [Doc.
#17]. For the following reasons, the motion will be granted. In addition, plaintiff
will be instructed to file an amended complaint, in accordance with the instructions
set forth below, and to either pay the full filing fee or file a motion for leave to
proceed in forma pauperis along with a certified inmate account statement.
Background
Plaintiff, an inmate at the Eastern Reception Diagnostic and Correctional
Center, brought this action in June 2014, pursuant to 42 U.S.C. ' 1983, when he was
a pretrial detainee at the Ste. Genevieve County Jail. Plaintiff alleged that he was
the subject of an unconstitutional search and arrest at his home in Ste. Genevieve
County on April 7, 2014.
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The Court took judicial notice that plaintiff's April 7 arrest was followed by
state criminal proceedings. More specifically, prior to the instant case being filed,
an underlying state criminal case was filed against plaintiff in Ste. Genevieve
County, wherein he was charged with possession of a controlled substance, unlawful
use of drug paraphernalia - amphetamine/methamphetamine, resisting arrest,
endangering the welfare of a child (two counts), delivering/attempting to
deliver/possess/deposit/conceal a controlled substance at a jail, and unlawful use of
drug paraphernalia. See State of Mo. v. Bell, No. 14SG-CR00180-01 (24th Judicial
Circuit 2014).
Relying on Wallace v. Kato, 549 U.S. 384 (2007), this Court held that further
consideration of plaintiff=s ' 1983 claims should be stayed until the underlying
criminal charges pending against him were resolved. In addition, this Court noted
that it was too early to determine whether a conviction in the criminal action relating
to plaintiff=s April 2014 arrest would bar some or all of plaintiff=s claims pursuant to
the principles of Heck v. Humphrey, 512 U.S. 477, 486-87 (1994).
Discussion
On September 8, 2015, plaintiff filed a motion to reopen this case [Doc. #17].
Plaintiff states that he entered Alford guilty pleas to two counts of possession of
controlled substances.

Plaintiff states that he was sentenced to seven years’
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imprisonment on each count, to run consecutively. A review of Missouri CaseNet
indicates that the Alford pleas were entered on August 18, 2015. Plaintiff states
that action constituted a final disposition of his state criminal charges. As such, the
Court will grant plaintiff’s motion to reopen this case.
The Court notes that when this action was administratively closed on June 27,
2014, all pending motions were denied without prejudice, including plaintiff’s
motion for leave to proceed in forma pauperis. Because plaintiff has not paid the
filing fee in this action, the Court will allow him time to file a motion for leave to
proceed in forma pauperis, along with a certified copy of his inmate account
statement.
In addition, the Court notes that plaintiff had filed a motion to amend or
correct the complaint, which was denied on July 24, 2015. Given that the instant
case will be reopened, the Court will instruct plaintiff to file an amended complaint
on a Court-provided form, in accordance with the specific instructions set forth
below.
All claims in an action must be included in one, centralized complaint form,
as neither the Court nor defendants wish to search through supplemental and prior
pleadings in order to piece together plaintiff=s claims.

As such, plaintiff is

warned that the filing of an amended complaint replaces the original
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complaint and all previously-filed pleadings, and therefore, he must include
each and every one of the claims he wishes to pursue in the amended
complaint.

See, e.g., In re Wireless Telephone Federal Cost Recovery Fees

Litigation, 396 F.3d 922, 928 (8th Cir. 2005).

Any claims from the original

complaint, supplements, and/or pleadings that are not included in the
amended complaint will be deemed abandoned and will not be considered.
Id. Plaintiff is advised that the amended complaint will replace the original
complaint and will be the only pleading this Court reviews.

See id.

If

plaintiff wishes to sue defendants in their individual capacities, plaintiff must
specifically say so in the amended complaint.
Plaintiff should not attach any exhibits to the amended complaint; all claims
should be clearly set forth in the "Statement of Claim."

In addition, in the

"Caption" of the amended 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 and the capacity in which the defendant is being sued. Plaintiff shall
proceed in this manner with each of the named defendants, separately setting forth
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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
defendant violated.

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”; however, as previously stated, plaintiff
shall not attach any exhibits to the pleading.

Plaintiff shall sign the amended

complaint.
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. Plaintiff=s failure to make specific and actionable allegations
against any of defendant(s) will result in that individual=s dismissal from this case.1
Last, if plaintiff fails to file an amended complaint on a Court form in
accordance with the Court’s instructions, this action will be dismissed without
prejudice and without further notice.
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The Court will review plaintiff=s amended complaint pursuant to 28 U.S.C. '
1915. A claim and/or defendant must survive ' 1915 review in order for plaintiff to
proceed in this lawsuit.
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Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to reopen this case [Doc.
#17] is GRANTED.
IT IS FURTHER ORDERED that, on or before October 8, 2015, plaintiff
shall either pay the entire $400 filing fee, or he shall file a motion for leave to
proceed in forma pauperis along with a certified copy of his prison account
statement for past six-months.
IT IS FURTHER 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 on or before October
8, 2015.
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.
Dated this 9th day of September, 2015.

UNITED STATES DISTRICT JUDGE

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