Kingcade v. Kennett, Mo City Police Dept. et al

Filing 14

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 plaintiff shall file an amended complaint on theCourt-provided f orm within twenty-one (21) days of the date of this Order.IT IS FURTHER ORDERED that if plaintiff fails to comply with this Memorandumand Order, the Court may dismiss this action without further proceedings. Response to Court due by 12/5/2014. Signed by District Judge Stephen N. Limbaugh, Jr on 11/21/14. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
FOREST CONAN KINCADE,
Plaintiff,
v.
KENNETT, MO CITY POLICE
DEPARTMENT, et al.,
Defendants.

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No. 1:14-CV-154-SNLJ

MEMORANDUM AND ORDER
This matter is before the Court upon its own motion. By Memorandum and Order
entered on November 4, 2014, the Court noted that plaintiff had failed to state a claim against
defendants because he did not indicate that they were being sued in their individual capacities.
Because plaintiff is proceeding pro se, the Court afforded him the opportunity to file an amended
complaint. However, the Court did not order the Clerk to send plaintiff a “Prisoner Civil Rights
Complaint” form. Plaintiff’s amended complaint, which was not drafted on a Court-provided
form, failed to indicate that defendants were being sued in their individual capacities.
Because plaintiff is proceeding pro se, and because the Court did not provide him with a
“Prisoner Civil Rights Complaint” form, the Court will afford plaintiff one more opportunity to
file an amended complaint. Plaintiff shall have twenty-one days from the date of this Order to
file an amended complaint. The amended complaint shall be drafted on the Court-provided
form. Plaintiff is warned that the filing of an amended complaint replaces the original complaint,
and so he must include each and every one of his claims in the amended complaint. E.g., In re
Wireless Telephone Federal Cost Recovery Fees Litig., 396 F.3d 922, 928 (8th Cir. 2005). In
order to sue defendants in their individual capacities, plaintiff must specifically say so in the

complaint. If plaintiff fails to file an amended complaint on the Court-provided form within
twenty-one days, the Court will dismiss this action without prejudice.
Accordingly,
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 plaintiff shall file an amended complaint on the
Court-provided form within twenty-one (21) days of the date of this Order.
IT IS FURTHER ORDERED that if plaintiff fails to comply with this Memorandum
and Order, the Court may dismiss this action without further proceedings.
Dated this 21st day of November, 2014.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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