Martin v. DUSM Supervisor et al

Filing 4

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk shall mail to Plaintiff a copy of the court's form Prisoner Civil Rights Complaint. IT IS FURTHER ORDERED that the Clerk shall mail to Plaintiff a copy of the court's form Motion to Proceed In Forma Pauperis Prisoner Cases. IT IS FURTHER ORDERED that Plaintiff shall file an amended complaint on the court-provided form within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that Plaintiff shall either pay the &# 036;350 filing fee or submit a motion to proceed in forma pauperis within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if Plaintiff submits a motion to proceed in forma pauperis, he must also submit a certified copy of his p rison account statement for the six-month period immediately preceding the filing of his complaint. IT IS FINALLY ORDERED that if Plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice. If the case is dismissed, the dismissal will not constitute a "strike" under 28 U.S.C. § 1915(g). Signed by Magistrate Judge Thomas C. Mummert, III on 7/11/11. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOHN F. MARTIN,
Plaintiff,
vs.
DUSM SUPERVISOR, et al.,
Defendants.

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Case No. 4:11cv1150 TCM

MEMORANDUM AND ORDER
This matter is before the Court on review of Plaintiff's pro se complaint. The
complaint is defective because it has not been drafted on a court-provided form, see Local
Rule 2.06(A), and because Plaintiff has neither paid the filing fee nor submitted a motion to
proceed in forma pauperis along with a prison account statement, see 28 U.S.C. § 1915(a).
Accordingly,
IT IS HEREBY ORDERED that the Clerk shall mail to Plaintiff a copy of the court's
form Prisoner Civil Rights Complaint.
IT IS FURTHER ORDERED that the Clerk shall mail to Plaintiff a copy of the
court's form Motion to Proceed In Forma Pauperis – Prisoner Cases.
IT IS FURTHER ORDERED that Plaintiff shall file an amended complaint on the
court-provided form within thirty (30) days of the date of this Order.
IT IS FURTHER ORDERED that Plaintiff shall either pay the $350 filing fee or
submit a motion to proceed in forma pauperis within thirty (30) days of the date of this Order.

IT IS FURTHER ORDERED that if Plaintiff submits a motion to proceed in forma
pauperis, he must also submit a certified copy of his prison account statement for the
six-month period immediately preceding the filing of his complaint.
IT IS FINALLY ORDERED that if Plaintiff fails to comply with this Order, the
Court will dismiss this action without prejudice. If the case is dismissed, the dismissal will
not constitute a "strike" under 28 U.S.C. § 1915(g).
Dated this 11th day of July, 2011.

/s/Thomas C. Mummert, III
THOMAS C. MUMMERT, III
UNITED STATES MAGISTRATE JUDGE

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