Beckermann v. Babich et al

Filing 7

MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Jeffrey A. Beckermann, 4 MOTION for Leave to Enter Exhibits B-S filed by Plaintiff Jeffrey A. Beckermann, 6 MOTION for L eave to Enter New Exhibits filed by Plaintiff Jeffrey A. Beckermann, 5 MOTION to Amend/Correct 1 DCM Complaint, filed by Plaintiff Jeffrey A. Beckermann. IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauper is [Doc. 2] is GRANTED.IT IS FURTHER ORDERED that plaintiff shall pay an initial partial filing fee of $9.10 within thirty (30) days from the date of this order. Plaintiff is instructed to make his remittance payable to "Clerk, United State s District Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the remittance is for an original proceeding. IT IS FURTHER ORDERED that plaintiff's motion to file an amended c omplaint [Doc. 5] is GRANTED in that plaintiff shall file an amended complaint within thirty (30) days from the date of this Order, in accordance with the specific instructions set forth above. IT IS FURTHER ORDERED that plaintiff's motions to f ile exhibits at this time [Docs. 4 and 6] are DENIED without prejudice. IT IS FURTHER ORDERED that plaintiff's failure to comply with this Order will result in the dismissal of this action, without prejudice and without further notice to him. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint at this time.(Amended/Supplemental Pleadings due by 7/8/2016, Initial Partial Filing Fee due by 7/8/2016.) Signed by District Judge Stephen N. Limbaugh, Jr on 6/8/16. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
JEFFREY A. BECKERMANN,
Plaintiff,
v.
GLEN BABICH, et al.,
Defendants.

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No. 1:16-CV-105-SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on review of plaintiff’s motion for leave to
proceed in forma pauperis [Doc. 2]. In light of plaintiff’s financial information,
the motion will be granted, and plaintiff will be assessed an initial partial filing fee
of $9.10, which is twenty percent of his six-month average deposit.
In addition, plaintiff has filed a motion for leave to file an amended
complaint [Doc. 5], as well as two motions for leave to file exhibits [Docs. 4 and
6]. The Court will allow plaintiff to file an amended complaint; however, he may
not do so by interlineation or supplementation, and no exhibits should be attached
thereto. Moreover, plaintiff must file the amended complaint on a Court-provided
form, in accordance with the specific instructions set forth below.

All claims in an action must be included in one, centralized complaint form,
as neither the Court nor defendants wish to search through supplemental and prior
pleadings in order to piece together plaintiff=s claims.

As such, plaintiff is

warned that the filing of an amended complaint replaces the original
complaint and all previously-filed pleadings and attachments or exhibits, and
therefore, he must include each and every one of the claims he wishes to
pursue in the amended complaint. See, e.g., In 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 and attachments
or exhibits that are not included in the amended complaint will be deemed
abandoned and will not be considered.

Id.

Plaintiff is advised that the

amended complaint will replace the original complaint and will be the only
pleading this Court reviews. See id. If plaintiff wishes to sue defendants in
their individual capacities, plaintiff must specifically say so in the amended
complaint.
Plaintiff should not attach any exhibits to the amended complaint; all claims
should be clearly set forth in the "Statement of Claim."

In addition, in the

"Caption" of the amended complaint, plaintiff shall set forth the name of each
defendant he wishes to sue; and in the "Statement of Claim," plaintiff shall start by
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typing the first defendant=s name, and under that name, he shall set forth in
separate numbered paragraphs the allegations supporting his claim(s) as to that
particular defendant, as well as the right(s) that he claims that particular defendant
violated and the capacity in which the defendant is being sued. Plaintiff shall
proceed in this manner with each of the named defendants, separately setting forth
each individual name and under that name, in numbered paragraphs, the allegations
specific to that particular defendant and the right(s) that he claims that particular
defendant violated.

The amended complaint must contain short and plain

statements showing that plaintiff is entitled to relief, the allegations must be
simple, concise, and direct, and the numbered paragraphs must each be limited to a
single set of circumstances. If plaintiff needs more space, he may attach additional
sheets of paper to the amended complaint and identify them as part of the
"Caption" or "Statement of Claim”; however, as previously stated, plaintiff shall
not attach any exhibits to the pleading. Plaintiff shall sign the amended complaint.
Plaintiff is reminded that he is required to submit his amended complaint on
a Court-provided form, and it must comply with Rules 8 and 10 of the Federal
Rules of Civil Procedure.

Plaintiff=s failure to make specific and actionable

allegations against any of defendant(s) will result in that individual=s dismissal

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from this case.1 Last, if plaintiff fails to file an amended complaint on a Court
form in accordance with the Court’s instructions, this action will be dismissed
without prejudice and without further notice.
In accordance with the foregoing,
IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in
forma pauperis [Doc. 2] is GRANTED.
IT IS FURTHER ORDERED that plaintiff shall pay an initial partial filing
fee of $9.10 within thirty (30) days from the date of this order. Plaintiff is
instructed to make his remittance payable to "Clerk, United States District Court,"
and to include upon it: (1) his name; (2) his prison registration number; (3) the case
number; and (4) that the remittance is for an original proceeding.
IT IS FURTHER ORDERED that plaintiff’s motion to file an amended
complaint [Doc. 5] is GRANTED in that plaintiff shall file an amended complaint
within thirty (30) days from the date of this Order, in accordance with the specific
instructions set forth above.
IT IS FURTHER ORDERED that plaintiff’s motions to file exhibits at this
time [Docs. 4 and 6] are DENIED without prejudice.
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The Court will review plaintiff=s amended complaint pursuant to 28 U.S.C.
' 1915. A claim and/or defendant must survive ' 1915 review in order for plaintiff
to proceed in this lawsuit.
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IT IS FURTHER ORDERED that plaintiff's failure to comply with this
Order will result in the dismissal of this action, without prejudice and without
further notice to him.
IT IS FURTHER ORDERED that the Clerk shall not issue process or
cause process to issue upon the complaint at this time.
Dated this 8th day of June, 2016.

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

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