Roland v. Wallace et al
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that, pursuant to the Court's instructions, plaintiff shall file an amended complaint on a Court-provided form within thirty (30) days from the date of this Order. IT IS FURTHER ORDERED that the Clerk shall forward to plaintiff the Court-provided form for filing a prisoner civil rights complaint. Amended/Supplemental Pleadings due by 2/23/2015. Signed by Magistrate Judge Abbie Crites-Leoni on 1/23/2015. (prisoner civil rights forms forwarded to Mr. Roland)(JMC)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
IAN WALLACE, et al.,
MEMORANDUM AND ORDER
This matter is before the Court upon review of the complaint pursuant to 28
U.S.C. ' 1915. Plaintiff seeks declaratory and monetary relief in this action
against Southeast Correctional Center employees Ian Wallace (Warden), Ryan
Degen (Correctional Officer), and Michael Vaughn (“Ad-Seg Supervisor”). After
reviewing the seventy-one-page complaint and attachments, it is difficult to
ascertain the precise nature of plaintiff’s claims against each of the named
defendants. As such, the Court will instruct plaintiff to file an amended complaint
on a Court-provided form, clearly stating the capacity in which each defendant is
being sued and refraining from attaching exhibits to the pleading, as more fully set
The Federal Rules of Civil Procedure require litigants to formulate their
pleadings in an organized and comprehensible manner. Even pro se litigants are
obligated to abide by the Federal Rules of Civil Procedure. See U.S. v. Wilkes, 20
F.3d 651, 653 (5th Cir. 1994); Boswell v. Honorable Governor of Texas, 138
F.Supp.2d 782, 785 (N.D. Texas 2000); Fed.R.Civ.P. 8(a)(2) (complaint should
contain short and plain statement of claims); Fed.R.Civ.P. 8(e)(2) (each claim shall
be simple, concise, and direct); Fed.R.Civ.P. 10(b) (parties are to separate their
claims within their pleadings the contents of which shall be limited as far as
practicable to a single set of circumstances). Although the Court is to give the
complaint the benefit of a liberal construction, the Court will not create facts or
claims that have not been alleged. Plaintiff is required, to the best of his ability, to
set out in a simple, concise, and direct manner, not only his claims, but also the
facts supporting these claims as to each named defendant. Because plaintiff has
failed to do so, the Court is unable to determine the nature of his claims.
Taking into consideration the fact that plaintiff is proceeding pro se and in
forma pauperis, the Court will grant him time to file an amended complaint. The
amended complaint shall be typed or legibly handwritten on a Court-provided form
for filing a civil complaint. Plaintiff is advised that his amended complaint will
supersede his original complaint and will be the only complaint this Court reviews.
Moreover, in the section of the complaint entitled "Statement of Claim," plaintiff
must set out, in separate numbered paragraphs and in a simple, concise, and direct
manner, the specific facts relative to his claims against each of the named
defendants. Plaintiff should not attach exhibits to his amended complaint. In
addition, plaintiff must state the capacity in which he is suing each defendant (i.e.,
individual capacity, official capacity, and/or both individual and official
capacities). Plaintiff risks dismissal of the instant action if he fails to comply with
this Court's instructions.
In accordance with the foregoing,
IT IS HEREBY ORDERED that, pursuant to the Court’s instructions,
plaintiff shall file an amended complaint on a Court-provided form within thirty
(30) days from the date of this Order.
IT IS FURTHER ORDERED that the Clerk shall forward to plaintiff the
Court-provided form for filing a prisoner civil rights complaint.
Dated this 23rd day of January, 2015.
UNITED STATES MAGISTRATE JUDGE
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