Mace v. Archer et al

Filing 5

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint at this time. IT IS FURTHER ORDERED that plaintiff shall file a written supplement to his complaint within thirty (30) da ys from the date of this Order, stating whether he is suing the named defendants in their official capacities, individual capacities, or both individual and official capacities, in accordance with the specific instructions set forth above. IT IS FURTHER ORDERED that plaintiff's failure to supplement his complaint in accordance with this Court's instructions may result in the dismissal of this action, without prejudice and without further notice to him.. Signed by Magistrate Judge Shirley P. Mensah on 4/1/14. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION

RODNEY E. MACE,

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Plaintiff,
v.
KEDNIS ARCHER, et al.,
Defendants.

No. 2:14-CV-36-SPM

MEMORANDUM AND ORDER
This matter is before the Court upon review of the complaint [Doc. #1] under 28 U.S.C. '
1915. The Court believes that, although plaintiff may be able to assert a claim against defendants
based on the denial of his Constitutional rights, plaintiff has failed to state a claim upon which
relief may be granted at this time, because the complaint is silent as to whether he is suing
defendants in their official and/or individual capacities.
Taking into consideration the fact that plaintiff is proceeding pro se and in forma pauperis,
the Court will instruct him to file a written supplement to his complaint, in which he simply states
the capacity (i.e., official capacity, individual capacity, or both individual and official capacities)
in which he is suing each of the named defendants. See Alexander v. Hedback, 718 F.3d 762, 766
n.4 (8th Cir. 2013) (to sue a state actor in his or her individual capacity, "a plaintiff must expressly
and unambiguously state so in the pleadings, otherwise, it will be assumed that the defendant is
sued only in his or her official capacity"). Plaintiff is advised that he must sign the supplement to
the complaint.
In accordance with the foregoing,

IT IS HEREBY ORDERED that the Clerk shall not issue process or cause process to
issue upon the complaint at this time.
IT IS FURTHER ORDERED that plaintiff shall file a written supplement to his
complaint within thirty (30) days from the date of this Order, stating whether he is suing the named
defendants in their official capacities, individual capacities, or both individual and official
capacities, in accordance with the specific instructions set forth above.
IT IS FURTHER ORDERED that plaintiff's failure to supplement his complaint in
accordance with this Court's instructions may result in the dismissal of this action, without
prejudice and without further notice to him.
Dated this 1st day of April, 2014.

/s/Shirley Padmore Mensah
SHIRLEY PADMORE MENSAH
UNITED STATES MAGISTRATE JUDGE

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