Schmidt v. Willoughby et al

Filing 8

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that plaintiffs motion for extension of time to pay the initial partial filing fee and to add parties by interlineation is GRANTED in part and DENIED in part. [ECF No. 7] IT IS FURTHER ORDERED that plaintiff must pay a partial initial filing fee of $1.00no later than August 22, 2016. IT IS FURTHER ORDERED that plaintiffs request to add parties is DENIED without prejudice ( Initial Partial Filing Fee due by 8/22/2016.). Signed by District Judge Stephen N. Limbaugh, Jr on 8/1/16. (MRS)

UNITED ST ATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
JUSTIN L. SCHMIDT,
Plaintiff,

v.
ROBERT WILLOUGHBY, et al.,
Defendants,

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FILED
AUG 0 1 2016
U.S. DISTRICT COURT
EASTERN DISTRICT OF MO
CAPE GIRARDEAU

No. l:l6-CV-160 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on plaintiffs motion for extension of time to pay the
initial partial filing fee and to add parties by interlineation. The motion is granted in part and
denied in part.
Plaintiff says that he does not have enough money in his prison account to pay the $4.50
initial partial filing fee at this time. Plaintiffs prison account statement shows that he maintains
a low monthly balance unless friends or relatives deposit money into his account. As a result,
the Court will require only that plaintiff submit an initial partial filing fee of $1.00 by August 22,
2016.
Plaintiff seeks to name several of the John Doe defendants by interlineation. This is not
permitted. Plaintiff must file an amended complaint that names all of the defendants and each
and every one of his claims against them.
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 Litigation, 396 F.3d

922, 928 (8th Cir. 2005). Any claims from the original complaint that are not included in

the amended complaint will be considered abandoned. Id. Plaintiff must allege how each
and every defendant is directly responsible for the alleged harm.

In order to sue

defendants in their individual capacities, plaintiff must specifically say so in the complaint.
If plaintiff fails to sue defendants in their individual capacities, this action may be subject

to dismissal.

Accordingly,
IT IS HEREBY ORDERED that plaintiffs motion for extension of time to pay the
initial partial filing fee and to add parties by interlineation is GRANTED in part and DENIED
in part. [ECF No. 7]
IT IS FURTHER ORDERED that plaintiff must pay a partial initial filing fee of $1.00
no later than August 22, 2016.
IT IS FURTHER ORDERED that plaintiffs request to add parties is DENIED without
prejudice.
Dated this ~day of August, 2016.

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