Willis v. Mulcahy et al

Filing 2

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk is directed to mail to plaintiff a copy of the Court's prisoner civil rights complaint form. IT IS FURTHER ORDERED that the Clerk is directed to mail to plaintiff a copy of the motion to proceed in forma pauperis form for prisoners. IT IS FURTHER ORDERED that plaintiff must file an amended complaint on the Court's form within thirty (30) days of the date of this Order. Plaintiff is advised that his amended complaint will take t he place of his original complaint and will be the only pleading that this Court will review. So, the amended complaint must include all of plaintiffs claims. IT IS FURTHER ORDERED that plaintiff must either pay the $400 filing fee or submit a m otion to proceed in forma pauperis within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff files a motion to proceed in forma pauperis, he must also file a certified copy of his prison account statement for the six- month period preceding the filing of the 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 for noncompliance with this Order, the dismissal will not count as a "strike" under 28 U.S.C. § 1915(g). Response to Court due by 10/26/2015. Signed by District Judge John A. Ross on 9/25/15. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
WILLIE WILLIS,
Plaintiff,

v.
JAMES MULCAHY, et al.,
Defendants,

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No. 1:15CV168 JAR

MEMORANDUM AND ORDER
This matter is before the Court upon review of plaintiffs pro se complaint. The
complaint is defective because it has not been drafted on the Court's form. See E.D. Mo.
Local Rule 2.06(A). Additionally, plaintiff must either pay the filing fee or file a motion
to proceed in forma pauperis. See 28 U.S.C. § 1915(a).
Because plaintiff is proceeding pro se, the Court will allow plaintiff to file an
amended complaint on the Court's form. Plaintiff has thirty days from the date of this
Order to file an amended complaint in accordance with the specific instructions set forth
here. All claims in the action must be included in one, centralized complaint form. See
Fed. R. Civ. P. 7(a)(l), 8(a).
Additionally, plaintiff is warned that the filing of an amended complaint
replaces the original complaint and all previously-filed pleadings, so plaintiff must
include each and every one of the claims he wishes to pursue in the amended
complaint. See, e.g., Jn 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. If plaintiff wishes to sue
defendants in their individual capacities, plaintiff must specifically say so in the
amended complaint.
All of plaintiffs claims should be clearly set forth in the "Statement of Claim." If
plaintiff fails to file an amended complaint on the Court's form within thirty days and in
compliance with the Court's instructions, the Court will dismiss this action without
prejudice and without further notice.
Accordingly,

IT IS HEREBY ORDERED that the Clerk is directed to mail to plaintiff a copy
of the Court's prisoner civil rights complaint form.

IT IS FURTHER ORDERED that the Clerk is directed to mail to plaintiff a copy
of the motion to proceed in forma pauperis form for prisoners.

IT IS FURTHER ORDERED that plaintiff must file an amended complaint on
the Court's form within thirty (30) days of the date of this Order. Plaintiff is advised that
his amended complaint will take the place of his original complaint and will be the only
pleading that this Court will review. So, the amended complaint must include all of
plaintiffs claims.

IT IS FURTHER ORDERED that plaintiff must either pay the $400 filing fee or
submit a motion to proceed in forma pauperis within thirty (30) days of the date of this
Order.

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IT IS FURTHER ORDERED that if plaintiff files a motion to proceed in forma
pauperis, he must also file a certified copy of his prison account statement for the sixmonth period preceding the filing of the 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 for non-

compliance with this Order, the dismissal will not count as a "strike" under 28 U.S.C.
§ 1915(g).
Dated this 25th day of September, 2015.

A. ROSS
ITED STATES DISTRICT JUDGE

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