Moody v. SECC Department of Corrections

Filing 5

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk is directed to mail plaintiff a copy of the Court's 'Prisoner Civil Rights Complaint' form. IT IS FURTHER ORDERED that the Clerk is directed to mail plaintiff a copy of the Court's 'Application to Proceed in District Court without Prepaying Fees or Costs' form. IT IS FURTHER ORDERED that plaintiff shall file a signed amended complaint on the Court-provided form within thirty (30) days of the date of this Order. Plaintiff is advised that his amended complaint will take the place of all previous filings and will be the only pleading that this Court will review.IT IS FURTHER ORDERED that plaintiff must either pay the $402 filing fee or submit an application to proceed without prepaying fees or costs within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that, if plaintiff chooses to submit an application to proceed without prepaying fees or costs and plaintiff maintains a prison account at SECC, he shall file a certified copy of his prison account statement for the six-month period immediately preceding thefiling of the case, within thirty (30) days of the date of this Order. IT IS FINALLY ORDERED that if plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice and without further notice. Amended/Supplemental Pleadings due by 7/7/2021. Response to Court due by 7/7/2021. Signed by District Judge Stephen N. Limbaugh, Jr on 06/07/2021. (CMH)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION

DWIGHT M. MOODY,
Plaintiff,
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SECC DEPARTMENT OF CORRECTIONS,
Defendant.

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No. 1:21-CV-55-SNLJ

MEMORANDUM AND ORDER

This matter is before the Court upon its own motion. On April 12, 2021, self-represented
plaintiff Dwight Moody filed a letter with the Court complaining about conditions at Southeast
Correctional Center ("SECC") in Charleston, Missouri. ECF No. 1. On the following day, the
Court issued an Order finding plaintiffs letter defective as a complaint commencing a civil case
because it was not drafted on a Court-provided form and it had not been signed. ECF No. 2 (citing
E.D. Mo. Local Rules 2.0l(A)(l) & 2.06(A); Fed. R. Civ. P. 11). In addition, the Court noted that
plaintiff had neither paid the filing fee nor submitted an application to proceed without prepaying fees
or costs. As such, the Court directed the Clerk to send plaintiff the necessary forms and ordered that
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plaintiff file a signed, amended complaint on the Court-provided form within thirty (30) days.
Plaintiff was also given thirty (30) days to either pay the full filing fee or submit the Court-provided
application to proceed without prepaying fees or costs. Plaintiff was warned that failure to comply
with the Court's Order could result in dismissal of this action.
On April 14th and 22nd, plaintiff filed two additional letters with the Court. ECF Nos. 3-4.
In the first letter, plaintiff explains that he has had no schooling and he needs assistance understanding
his "legal rights as a prisoner." ECF No. 3 at 1. Plaintiff complains that he is suffering poor
treatment at SECC, including inadequate medical treatment for his psoriasis and being beat up by the

prison guards. Id at 1-2. He asks that the Court call him at SECC or call the SECC Warden and
ask the Warden to speak with plaintiff. Id at 2.
In his second letter, plaintiff informs the Court that the case caption and named defendant in
this matter are incorrect. ECF No. 4 at 1. Plaintiff explains that he has "a lot of problems with the
medical staff' at SECC and again asks for the Court's help with understanding his rights. Id at 2.
He attaches documents to this second letter, including communications with the medical records clerk
concerning copies of test results, and health service request forms concerning shampoo, creams, and
a COVID-19 vaccination. Id at 3-10.
The Court ordered plaintiff to file an amended complaint and to either pay the full filing fee
or file an application to proceed without prepayment. Plaintiffs response was due to the Court by
May 13, 2021. To date, plaintiff has neither complied with the Court's Order, nor sought additional
time to do so. Local Rule 2.0l(B) authorizes the Clerk of Court to refuse to receive any pleadings
"until the applicable statutory fee is paid, except in cases accompanied by a completed application to
proceed in forma pauperis." However, because plaintiff is self-represented, the Court will give him
one more opportunity to comply with the Court's Order.
The Court will again direct the Clerk of Court to send plaintiff the necessary forms. The
Court cannot call plaintiff at SECC; communication with the Court should be in writing. Although
plaintiff states that he is "slow" with little education and an inability to "read big words," the Court
finds plaintiffs written filings to be understandable and coherent. ECF No. 4 at 1-2. Plaintiff does
not need to cite legal statutes or cases in the filing of his amended complaint, he just needs to follow
the form's directions and provide the Court with the facts underlying his claims. If plaintiff wants
to change the named defendants in this matter, he simply needs to put the appropriate defendants on
his amended complaint form.

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Plaintiff is warned that the amended complaint will completely replace all previously filed
pleadings, so plaintiff must include each and every one of the claims that 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 other pleadings that are not included in the
amended complaint will be deemed abandoned and will not be considered. Id.
In the "Statement of Claim" section, plaintiff should begin by writing the first defendant's
name. In separate, numbered paragraphs under that name, plaintiff should set forth the specific
factual allegations supporting his claim or claims against that defendant.

Plaintiff should only

include claims that arise out of the same transaction or occurrence, or simply put, claims that are
related to each other. If plaintiff is suing more than one defendant, he should proceed in the same
manner with each one, separately writing each individual defendant's name and, under that name, in
numbered paragraphs, the allegations specific to that particular defendant. Plaintiffs failure to make
specific and actionable allegations against any defendant will result in that defendant's dismissal from
this case.
Plaintiffs amended complaint should be on the Court-provided form-not a handwritten letter
addressed to the Court. In order for this case to proceed, plaintiff must pay the full filing fee or file
the Court-provided application to proceed in district court without prepayment of fees or costs. If
plaintiff fails to comply with this Order within thirty (30) days, the Court will dismiss this action
without prejudice and without further notice.
Accordingly,
IT IS HEREBY ORDERED that the Clerk is directed to mail plaintiff a copy of the Court's

'Prisoner Civil Rights Complaint' form.
IT IS FURTHER ORDERED that the Clerk is directed to mail plaintiff a copy of the Court's

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'Application to Proceed in District Court without Prepaying Fees or Costs' form.
IT IS FURTHER ORDERED that plaintiff shall file a signed amended complaint on the

Court-provided form within thirty (30) days of the date of this Order. Plaintiff is advised that his
amended complaint will take the place of all previous filings and will be the only pleading that this
Court will review.
IT IS FURTHER ORDERED that plaintiff must either pay the $402 filing fee or submit an

application to proceed without prepaying fees or costs within thirty (30) days of the date of this
Order.
IT IS FURTHER ORDERED that, if plaintiff chooses to submit an application to proceed

without prepaying fees or costs and plaintiff maintains a prison account at SECC, he shall file a
certified copy of his prison account statement for the six-month period immediately preceding the
filing of the case, within thirty (30) days of the date of this Order.
IT IS FINALLY ORDERED that if plaintiff fails to comply with this Order, the Court will

dismiss this action without prejudice and without further notice.
Dated this

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day of June, 2021.

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STEPIIBN.LIMBAU~
SENIOR UNITED STATES DISTRICT JUDGE

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