Scott v. Russell et al

Filing 33

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff Request Leave of the Court - Plaintiffs Supplemental Pleading - Plaintiff Request the Court to Direct the Defendants to Respond is returned to Plaintiff without filing. IT IS FURTHER ORDER ED that in the future, Plaintiff shall include a certificate of service on each separate pleading he files in this matter as stated in this Order, or the pleading will be returned to Plaintiff without filing. (copy of order and pleading sent to Mr. Scott) Signed by Magistrate Judge Terry I. Adelman on 7/3/2013. (KMS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KERWIN D. SCOTT,

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Plaintiff,
v.
TERRY RUSSELL, et al.,

Defendants.

Case No. 4:13CV255 TIA

MEMORANDUM AND ORDER
This matter is before the Court on “Plaintiff Request Leave of the Court - Plaintiff’s
‘Supplemental’ Pleading - Plaintiff Request the Court to Direct the Defendants to Respond” (received
by the Court on July 1, 2013).
The undersigned notes that the pleading fails to include a certificate of service so as to
demonstrate when, or if , Defendants were served with “Plaintiff Request Leave of the Court Plaintiff’s ‘Supplemental’ Pleading - Plaintiff Request the Court to Direct the Defendants to
Respond.” Fed. R. Civ. P. 5(a)(1) (general requirement of service of all papers on all parties). Rule
5(d) requires that all papers include a certificate of service to reflect that a copy was sent to opposing
counsel as required by Rule 5(a), Fed. R. Civ. P. Accordingly, “Plaintiff Request Leave of the Court
- Plaintiff’s ‘Supplemental’ Pleading - Plaintiff Request the Court to Direct the Defendants to
Respond” should be denied without prejudice. Accordingly,
IT IS HEREBY ORDERED that “Plaintiff Request Leave of the Court - Plaintiff’s
‘Supplemental’ Pleading - Plaintiff Request the Court to Direct the Defendants to Respond” is
returned to Plaintiff without filing.

IT IS FURTHER ORDERED that in the future, Plaintiff shall include a certificate of service1
on each separate pleading he files in this matter as stated in this Order, or the pleading will be
returned to Plaintiff without filing.

Dated this 3rd

day of July, 2013.
/s/Terry I. Adelman
UNITED STATES MAGISTRATE JUDGE

1

An acceptable certificate of service could state, “I certify that a copy of the foregoing was
mailed, postage prepaid, in the U.S. Mail on this ____ day of August, 2010, to: H. Anthony
Relys, Attorney General of Missouri, P.O. Box 861, St. Louis, MO 63188.” A certificate of
service in approximately this format must be included on every pleading submitted to the Court
for filing.
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