Gater v. Stevens et al

Filing 4

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 the Clerk shall mail to plaintiff a copy of the Court's Motion to Procee d in Forma Pauperis - Prisoner Cases. IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on the Courtprovided form within (30) days of the date of this Order. IT IS FURTHER ORDERED that plaintiff shall either pay the $400 filin g fee or submit a motion to proceed in forma pauperis within thirty (30) days of the date of this Order.IT IS FURTHER ORDERED that if plaintiff submits a motion to proceed in formapauperis, he must also submit a certified copy of his prison account s tatement for the six monthperiod immediately preceding the filing of his complaint.IT IS FURTHER ORDERED that the motion to proceed in forma pauperis brought bySherman Combs [Doc. #2] shall be DENIED as he is no longer a party to this action. IT IS F URTHER 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. § 191 S(g). ( Response to Court due by 2/25/2016.) Signed by District Judge Ronnie L. White on 1/26/16. (MRS)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION JERRY GATER, Plaintiff, v. UNKNOWN STEVENS, et al ., Defendants. ) ) ) ) ) ) ) ) ) ) ) No. 1:16-CV-00012-RL W MEMORANDUM AND ORDER This matter is before the Court on the filing of the joint plaintiffs' prose complaint. Because the complaint was originally written as a joint complaint and the matter has been split into three separate actions, plaintiff Gater shall be required to submit his own allegations in a separate, amended complaint. Plaintiff Gater' s complaint shall be drafted on a Court-provided form, see Local Rule 2.06(A). Moreover, because plaintiff has neither paid the filing fee nor submitted his own, signed motion to proceed in forma pauperis along with a prison account statement, see 28 U.S.C. § 191 S(a), the Court will require him to do so within thirty (30) days of the date of this Memorandum and Order. 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 the Clerk shall mail to plaintiff a copy of the Court's Motion to Proceed in Forma Pauperis - Prisoner Cases. IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on the Court- provided form within (30) 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 (30) 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 the motion to proceed in forma pauperis brought by Sherman Combs [Doc. #2] shall be DENIED as he is no longer a party to this action. 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. § 191 S(g). Dated this 26th day of January, 2016. ~/}# RONNIE L. WHITE UNITED STATES DISTRICT JUDGE -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?