Rudolph v. Jefferson County Jail

Filing 9

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk shall not issue process or cause process to issue upon the amended complaint at this time.IT IS FURTHER ORDERED that plaintiff shall file a written supplement to his amended complaint within thirty (30) days from the date of this Order, stating whether he is suing the individual defendants in their official and/or individual capacities, in accordance with the specific instructions set forth above. IT IS FURTHER ORDERED that plaintiff 9;s failure to supplement his amended complaint in accordance with this Court's instructions will result in the dismissal of this action, without prejudice and without further notice to him. Response to Court due by 3/12/2013. Signed by District Judge John A. Ross on 2/12/13. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

PATRICK RUDOLPH,
Plaintiff,
v.
JEFFERSON COUNTY JAIL, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

No. 4:12-CV-1780-JAR

MEMORANDUM AND ORDER
This matter is before the Court upon the filing of plaintiff's first amended
complaint [Doc. #7].
The Court has reviewed the amended complaint under 28 U.S.C. § 1915 and
finds that plaintiff has failed to state a claim upon which relief may be granted at this
time because the complaint is silent as to whether he is suing the defendants in their
official and/or individual capacities.
Taking into consideration the fact that plaintiff is proceeding pro se and in
forma pauperis, the Court will instruct plaintiff to file a written supplement to his
amended complaint, in which he states the capacity (i.e., official capacity, individual
capacity, or both individual and official capacities) in which he is suing each of the
aforementioned defendants. Moreover, because the Court is allowing plaintiff to

supplement his amended complaint, it will take no action as to any of the named
defendants at this time. Plaintiff is advised that he must sign the supplement to the
amended complaint.
In accordance with the foregoing,
IT IS HEREBY ORDERED that the Clerk shall not issue process or cause
process to issue upon the amended complaint at this time.
IT IS FURTHER ORDERED that plaintiff shall file a written supplement to
his amended complaint within thirty (30) days from the date of this Order, stating
whether he is suing the individual defendants in their official and/or individual
capacities, in accordance with the specific instructions set forth above.
IT IS FURTHER ORDERED that plaintiff's failure to supplement his
amended complaint in accordance with this Court's instructions will result in the
dismissal of this action, without prejudice and without further notice to him.
Dated this 12th day of February, 2013.

_________________________________
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

2