Hemingway v. Berry et al

Filing 26

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED plaintiff shall file a second amended complaint in this action within twenty-one (21) days of the date of this Memorandum and Order. IT IS FURTHER ORDERED that if plaintiff fails to file his second amended complaint within twenty-one (21) days of the date of this Memorandum and Order this case will be dismissed without prejudice. Response to Court due by 2/20/2018. Signed by District Judge Audrey G. Fleissig on 1/29/18. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
LAMON TANEAL HEMINGWAY,
Plaintiff,
v.
TIMOTHY HOLSTEN,
Defendant.

)
)
)
)
)
)
)
)
)

No. 1:17-CV-21 AGF

MEMORANDUM AND ORDER
After review of the proceedings in this case, the Court notes that plaintiff was required to
file his second amended complaint no later than January 2, 2018. The Court will sua sponte
provide plaintiff additional time to file his second amended complaint in this action. However,
plaintiff’s failure to file his pleading in a timely manner may result in a dismissal of this action.
Accordingly,
IT IS HEREBY ORDERED plaintiff shall file a second amended complaint in this
action within twenty-one (21) days of the date of this Memorandum and Order.
IT IS FURTHER ORDERED that if plaintiff fails to file his second amended complaint
within twenty-one (21) days of the date of this Memorandum and Order this case will be
dismissed without prejudice.
Dated this 29th day of January, 2018.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE