Endicott et al v. Allen et al

Filing 8

MEMORANDUM AND ORDER re: IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [ECF No. 2 ] is GRANTED. IT IS FURTHER ORDERED that the Clerk is directed to mail to plaintiff a copy of the Court's pri soner 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 if plaintiff fails to comply with this Order, theCourt 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). ( Response to Court due by 6/16/2017.) (Order and form mailed to F. Endicott). Signed by Magistrate Judge David D. Noce on 5/26/17. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
FRANKLIN G. ENDICOTT,
Plaintiff,
v.
CRAIG DAWDY, et al.,
Defendants,

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No. 2:17-CV-29 DDN

MEMORANDUM AND ORDER
This matter is before the Court upon review of plaintiffs pro se 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 is attempting to bring claims on behalf of
other prisoners, which he cannot do. See 28 U.S.C. § 1654 (prose parties may only bring
actions on their own behalf); see also 7A Wright, Miller & Kane, Federal Practice and
Procedure: Civil 3d § 1769.1 ("class representatives cannot appear pro se."). Plaintiffs
claims must only refer to his own constitutional injuries.
Because plaintiff is proceeding pro se, the Court will allow him to file an amended
complaint on the Court's form. Plaintiff has twenty-one (21) days from the date ofthis
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).
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 amended complaint must show how each and
every defendant is directly responsible for the alleged harms. If plaintiff wishes to sue
defendants in their individual capacities, he 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 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 plaintiffs motion for leave to proceed in forma
pauperis [ECF No. 2] is GRANTED.
IT IS FURTHER 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 if plaintiff fails to comply with this Order, the
Court will dismiss this action without prejudice.
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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

~LR *"day ofMay, 2017.

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DAVID D. NOCE
UNITED STATES MAGISTRATE JUDGE

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