Glenn-El v. Hanecock et al

Filing 3

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 twenty-one (21) days of the date of this Order. IT IS FURTHER ORDERED that plaintiff must either pay the $400 filing fee or submit a certified account statement to accompany his already filed motion to proceed in forma pauperis within twenty-one (21) days of the date of this Order. Amended/Supplemental Pleadings due by 5/17/2021. Signed by District Judge Stephen N. Limbaugh, Jr on 04/26/2021. (CMH)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION

MARIO GLENN-EL,
Plaintiff,
V.

WARDEN UNKNOWN
HANECOCK, et al.,
Defendants.

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No. 1:21-CV-58 SNLJ

MEMORANDUM AND ORDER

This matter is before the Court upon review of plaintiffs prose complaint. The complaint
is defective because it has not been drafted on the Court's form. See E.D. Mo. Local Rule 2.06(A).
Additionally, plaintiff must either pay the filing fee or file a certified account statement to
accompany his already filed motion to proceed in forma pauperis. See 28 U.S.C. § 1915(a).
Because plaintiff is proceeding pro se, the Court will allow plaintiff to file an amended
complaint on the Court's form. Plaintiff has twenty-one (21) 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)(l), 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 defendant is directly responsible for the alleged

harms. 1 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 plaintiffs 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 twenty-one (21) 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 twenty-one (21) days of the date of this Order.

IT IS FURTHER ORDERED that plaintiff must either pay the $400 filing fee or submit
a certified account statement to accompany his already filed motion to proceed in forma pauperis
within twenty-one (21) days of the date of this Order.

1

Plaintiff brings this action against four named defendants. However, for each claim he raises he
must take care to enunciate how each named defendant purportedly violated his constitutional
rights. For instance, which specific defendant denied him soap or decided to stop carrying soap in
the commissary. Plaintiff cannot bring a claim against defendants for denying a grievance. Ruling
against a prisoner on an administrative complaint does not cause or contribute to the violation."
George v. Smith, 507 F. 3d 605,609 (7th Cir. 2007) (citations omitted).
2

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 ;2., tJ

fC day of April, 2021.

STEPHENN.LIMBluciaiR.
SENIOR UNITED STATES DISTRICT JUDGE

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