Brown v. The Board of Trustees of the Police Retirement System of St. Louis

Filing 24

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the Clerk of Court shall not issue process or cause process to issue upon the amended complaint, because plaintiff has failed to comply with the Court's Order of May 22, 2012. See Fed. R. Civ. P. 41(b). IT IS FURTHER ORDERED that plaintiff's motions to compel [Docs. # 21 and # 22 ] are denied as moot. A separate Order of Dismissal will accompany this Memorandum and Order.. Signed by Honorable Carol E. Jackson on 7/13/12. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

THEODIS BROWN, SR.,

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Plaintiff,
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v.
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THE BOARD OF TRUSTEES OF THE )
POLICE RETIREMENT SYSTEM
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OF ST. LOUIS,
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Defendant.
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No. 4:12-CV-635-CEJ

MEMORANDUM AND ORDER
On May 22, 2012, after reviewing the original pleadings in this action, the
Court ordered plaintiff to file an amended complaint that complied with the Court's
Memorandum and Order [Doc. #15].1 Plaintiff was advised that if he failed to
comply, this action would be dismissed without prejudice and without further notice
to him.
In response, plaintiff filed "Formal Written Objections" [Doc. #16], as well as
four separate documents that purport to be amended complaints [Docs. #17, #18, #19,

The Court specifically advised plaintiff as to the manner and respects in
which his complaint was deficient and gave him detailed instructions on what the
amended complaint and the "Statement of Claim" should, and should not, contain.
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and #20]. The documents partially consist of forms generated by the Court for use
in employment discrimination actions and contain material that is incomprehensible
and sometimes illegible. Document #17 was filed on June 4, 2012, and is titled
"Amended & Added Petition Count IV." It consists of two pages plus attachments,
and the named defendant is The Board of Trustees of the Police Retirement System
of St. Louis. Document #18 was filed on June 8, 2012, and is titled "Amended Count
II Employment Discrimination Complaint."

It consists of seven pages plus

attachments, and it was submitted on a court-provided form for employment
discrimination cases; the named defendant is the "Police Retirement System of St.
Louis, et al." Document #19 was filed on June 11, 2012 and is titled "Count I
Amended Petition to Review Administrative Decision." It consists of five pages plus
attachments, and the named defendant is The Board of Trustees of the Police
Retirement System of St. Louis. Document #20 was also filed on June 11 and is titled
"Count III Amended Employment Discrimination Complaint." It consists of seven
pages plus attachments, and it was submitted on a court employment discrimination
form; the named defendants are The Board of Trustees of the Police Retirement
System of St. Louis and "Personnel Dept. et al." The four documents do not comply
with this Court's May 22 Order, and the Court is once again unable to determine the
nature of plaintiff's claims or even the parties to this action. As such, the Court will
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dismiss this case, without prejudice. See Fed. R. Civ. P. 41(b).
Therefore,
IT IS HEREBY ORDERED that the Clerk of Court shall not issue process or
cause process to issue upon the amended complaint, because plaintiff has failed to
comply with the Court's Order of May 22, 2012. See Fed. R. Civ. P. 41(b).
IT IS FURTHER ORDERED that plaintiff's motions to compel [Docs. #21
and #22] are denied as moot.
A separate Order of Dismissal will accompany this Memorandum and Order.
Dated this 13th day of July, 2012.

_________________________________
UNITED STATES DISTRICT JUDGE

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