Scott v. Russell et al

Filing 12

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs motion for leave to amend his complaint by interlineation [Doc. #11] is DENIED without prejudice. IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on a court form withi n thirty (30) days of the date of this Order.IT IS FURTHER ORDERED that the Clerk of Court shall send plaintiff the court form titled Prisoner Civil Rights Complaint under 42 U.S.C. § 1983. Signed by Magistrate Judge Terry I. Adelman on 3/4/13. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KERWIN D. SCOTT,
Plaintiff,
v.
TERRY RUSSELL, et al.,
Defendants.

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No. 4:13-CV-255-TIA

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion to amend by interlineation
the prayer for injunctive relief set forth in his complaint [Doc. #11].
The Court does not accept amendments by interlineation. The Court will,
however, allow plaintiff to file an amended complaint on a court form within thirty (30)
days of the date of this Order. Because the Court is allowing plaintiff to amend his
complaint, it will take no action as to the named defendants at this time. Plaintiff is
advised that his amended complaint will replace his original complaint and will be the
only complaint this Court reviews. See In re Wireless Telephone Federal Cost
Recovery Fees Litigation, 396 F.3d 922, 928 (8th Cir. 2005). The Court will not
consider any claims that are not included in the amended complaint, even if they were
asserted in the earlier complaint.

Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for leave to amend his
complaint by interlineation [Doc. #11] is DENIED without prejudice.
IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on
a court form within thirty (30) days of the date of this Order.
IT IS FURTHER ORDERED that the Clerk of Court shall send plaintiff the
court form titled “Prisoner Civil Rights Complaint under 42 U.S.C. § 1983.”
Dated this

4th

day of March, 2013.

/s/ Terry I. Adelman
UNITED STATES MAGISTRATE JUDGE

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