Stewart v. Corizon Medical, LLC et al

Filing 19

MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that plaintiff's amended complaint (Doc. 18 ) is STRICKEN. IT IS FURTHER ORDERED that plaintiff may file an amended complaint within twenty-one (21) days of the date of this Order. IT IS FURTHER ORDERED that the Clerk is directed to send plaintiff a prisoner civil rights complaint form. IT IS FURTHER ORDERED that if plaintiff fails to file an amended complaint within this time, the Court will proceed with this action. Signed by District Judge Catherine D. Perry on 4/18/2017. (Order and Civil Rights Complaint form mailed to plaintiff this date.)(CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
GLENNIS STEWART,

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Plaintiff,
v.
CORIZON MEDICAL, LLC,
Defendants,

No. 2:16-CV-82 CDP

MEMORANDUM AND ORDER
This matter is before me on review of plaintiff’s amended complaint.

Plaintiff is

attempting to amend by supplementation, which is not permitted under the Federal Rules of Civil
Procedure. As a result, I will strike it.
An amended complaint must contain all of a plaintiff’s claims. E.g., In re Wireless
Telephone Federal Cost Recovery Fees Litigation, 396 F.3d 922, 928 (8th Cir. 2005). Any
claims that are not alleged are deemed abandoned.

Id.

In this case, plaintiff’s amended

complaint does not contain any factual allegations against the defendants who have answered the
original complaint. Therefore, if I were to allow the proposed amendment, I would be required
to dismiss those defendants. It is obvious, however, that this is not plaintiff’s intention.
I will give plaintiff one more opportunity to file an amended complaint. The amended
complaint must contain all of plaintiff’s factual allegations against each defendant. Plaintiff
must allege how each and every defendant is directly responsible for the alleged harm. In order
to sue defendants in their individual capacities, plaintiff must specifically say so in the
complaint. If plaintiff fails to sue defendants in their individual capacities, this action may be
subject to dismissal. To state a claim against Corizon, plaintiff must allege facts showing that

one of its policies or customs is responsible for the alleged constitutional violation. Monell v.
Dep=t of Social Services, 436 U.S. 658, 690-91 (1978).
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s amended complaint (Doc. 18) is
STRICKEN.
IT IS FURTHER ORDERED that plaintiff may file an amended complaint within
twenty-one (21) days of the date of this Order.
IT IS FURTHER ORDERED that the Clerk is directed to send plaintiff a prisoner civil
rights complaint form.
IT IS FURTHER ORDERED that if plaintiff fails to file an amended complaint within
this time, the Court will proceed with this action.
Dated this 18th day of April, 2017.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

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