Rebstock v. Russell

Filing 3

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. Plaintiff is advised that his amended complaint will take th e place of his original complaint and will be the only pleading that this Court will review. 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 fails to comply with this Order, the Court will dismiss this action without prejudice. If the case is dismissed for noncompliance with this Order, the dismissal will not constitute a "strike" under 28 U.S.C. § 1915(g). Response to Court due by 9/21/2012. (Forms mailed with order); Signed by Magistrate Judge David D. Noce on 08/21/2012; (DJO)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RICHARD DALE REBSTOCK,
Plaintiff,
v.
TERRY RUSSELL,
Defendant.

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No. 4:12-CV-1364-DDN

MEMORANDUM AND ORDER
This matter is before the Court upon review of plaintiff’s pro se complaint
[Doc. #1]. The complaint is defective because it has not been drafted on a Courtprovided form. See Local Rule 2.06(A). Moreover, plaintiff has neither paid the
filing fee nor submitted a motion to proceed in forma pauperis. 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. Plaintiff

is advised that his amended complaint will take the place of his original complaint
and will be the only pleading that this Court will review.
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 fails to comply with this Order,
the Court will dismiss this action without prejudice. If the case is dismissed for noncompliance with this Order, the dismissal will not constitute a “strike” under 28
U.S.C. § 1915(g).

/S/ David D. Noce
UNITED STATES MAGISTRATE JUDGE

Signed on August 21, 2012.

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