King v. Moore

Filing 6

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 plaintiff must file an amended complaint on the Court's form within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that the plaintiff must pay an initial filing fee of $2.80 within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance payable to &quo t;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 if plaintiff fails to co mply 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). Amended/Supplemental Pleadings due by 8/12/2016. Signed by District Judge Stephen N. Limbaugh, Jr on 7/13/16. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
RICHARD L. KING,

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Plaintiff,
v.
KEITH MOORE,
Defendant,

No. 1:16-CV-170 SNLJ

MEMORANDUM AND ORDER
Plaintiff, a prisoner, seeks leave to proceed in forma pauperis in this civil action
under 42 U.S.C. § 1983. Having reviewed plaintiff’s financial information, the Court
assesses a partial initial filing fee of $2.80, which is twenty percent of his average
monthly 2.80. See 28 U.S.C. § 1915(b).
The pro se complaint is defective because it has not been drafted on the Court’s
form. See E.D. Mo. Local Rule 2.06(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)(1), 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., 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 that are not included in the amended complaint will
be deemed abandoned and will not be considered.

Id.

The allegations in the

complaint must show how each and every defendant is directly responsible for the
alleged harms. If plaintiff wishes to sue defendants in their individual capacities,
plaintiff must specifically say so in the amended complaint. If plaintiff fails to sue
defendants in their individual capacities, this action may be subject to dismissal.

All of plaintiff’s 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 plaintiff must file an amended complaint on
the Court’s form within thirty (30) days of the date of this Order.
IT IS FURTHER ORDERED that the plaintiff must pay an initial filing fee of
$2.80 within thirty (30) days of 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

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name; (2) his prison registration number; (3) the case number; and (4) that the remittance
is for an original proceeding.1
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 13th day of July, 2016.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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Prisoners must pay the full amount of the $350 filing fee. After payment of the initial partial filing fee, the
prisoner is required to make monthly payments of 20 percent of the preceding month’s income credited to the
prisoner’s account. The agency having custody of the prisoner will deduct the payments and forward them to the
Court each time the amount in the account exceeds $10. 28 U.S.C. § 1915(b)(2).

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