Dawdy v. Allen et al

Filing 4

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's motion to proceed in forma pauperis [ECF No. 2 ] is GRANTED. IT IS FURTHER ORDERED that Plaintiff must pay an initial filing fee of $31.00 within twenty-one (21) days of the dat e of this Order. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the remittance is for an original proceeding.IT IS FURTHER ORDERED that the Clerk is directed to send Plaintiff a prisoner civil rights complaint form. Signed by District Judge Audrey G. Fleissig on July 28, 2017. (Attachments: # 1 Prisoner Civil Rights Complaint)(BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
CRAIG DAWDY,

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Plaintiff,
v.
LARRY ALLEN, et al.,
Defendants.

No. 2:17-CV-49 AGF

MEMORANDUM AND ORDER
Plaintiff, a prisoner, seeks leave to proceed in forma pauperis in this civil action
under 42 U.S.C. § 1983. Having reviewed Plaintiff’s financial information, the Court
assesses a partial initial filing fee of $31.00, which is twenty percent of his average
monthly deposit. See 28 U.S.C. § 1915(b).
On initial review, the Court finds that the complaint does not comply with the
Federal Rules of Civil Procedure or 28 U.S.C. § 1654 because Plaintiff attempts to bring
claims on behalf of other prisoners. As a result, Plaintiff must file an amended complaint
bringing claims solely on behalf of himself.
Plaintiff is warned that the filing of an amended complaint replaces the original
complaint, and so he must include each and every one of his claims in the amended
complaint. 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 that are not
included in the amended complaint will be considered abandoned. Id. 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.
Furthermore, the complaint must comply with Rules 8 and 10 of the Federal Rules
of Civil Procedure. Rule 8(a) requires that a complaint contain “a short and plain
statement of the claim showing that [the plaintiff] is entitled to relief . . .” And Rule
10(b) requires a plaintiff to “state [his] claims . . . in numbered paragraphs, each limited
as far as practicable to a single set of circumstances.” Plaintiff must not attempt to bring
claims on behalf of other prisoners in his amended complaint.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s motion to proceed in forma pauperis
[ECF No. 2] is GRANTED.
IT IS FURTHER ORDERED that Plaintiff must pay an initial filing fee of
$31.00 within twenty-one (21) days of the date of this Order. Plaintiff is instructed to
make his remittance payable to “Clerk, United States District Court,” and to include upon
it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the
remittance is for an original proceeding.1
IT IS FURTHER ORDERED that the Clerk is directed to send Plaintiff a
prisoner civil rights complaint form.
1

Prisoners must pay the full amount of the $350 filing fee. After payment of the initial
partial filing fee, the prisoner is required to make monthly payments of 20 percent of the
preceding month’s income credited to the prisoner’s account. The agency having custody
of the prisoner will deduct the payments and forward them to the Court each time the
amount in the account exceeds $10. 28 U.S.C. § 1915(b)(2).
2

IT IS FURTHER ORDERED that Plaintiff must file an amended complaint no
later than twenty-one (21) days from the date of this Order.
If Plaintiff does not comply with this Order, the Court will dismiss this action
without further proceedings.
Dated this 28th day of July, 2017.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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