Smith v. Wallace et al

Filing 5

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion [ECF No. 4] is GRANTED. IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on the Court-provided form within (60) days of the date of this Order. IT IS FURTHER ORDERED that plaintiff shall either pay the $400 filing fee or submit a motion to proceed in forma pauperis within thirty (60) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff submits a motion to proceed in forma pauperis, he must also submit a certified copy of his prison account statement for the six month period immediately preceding the filing of his complaint. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the court will dismiss this act ion without prejudice. If the case is dismissed, the dismissal will not constitute a "strike" under 28 U.S.C. § 1915(g).6 ( Amended/Supplemental Pleadings due by 1/9/2015.) Signed by District Judge Stephen N. Limbaugh, Jr on 11/10/2014. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
DERRICK RAY SMITH,
Plaintiff,
v.
IAN WALLACE, et al.,
Defendants.

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No. 1:14-CV-0146-SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff's motion for a sixty day extension to file his
complaint on a Court-provided form, submit a motion to proceed in forma pauperis, and file a
certified copy of his prison account statement. The Court will grant plaintiff’s request for an
extension, but will not grant a further extension without good cause shown.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion [ECF No. 4] is GRANTED.
IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on the Courtprovided form within (60) days of the date of this Order.
IT IS FURTHER ORDERED that plaintiff shall either pay the $400 filing fee or submit a
motion to proceed in forma pauperis within thirty (60) days of the date of this Order.
IT IS FURTHER ORDERED that if plaintiff submits a motion to proceed in forma
pauperis, he must also submit a certified copy of his prison account statement for the six month
period immediately preceding the filing of his complaint.
IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the court

will dismiss this action without prejudice. If the case is dismissed, the dismissal will not constitute
a "strike" under 28 U.S.C. § 1915(g).
Dated this 10th day of November, 2014.

__________________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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