Scott v. Russell et al

Filing 38

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff Motion Asking the Court to Direct Defendants [sic] to Respond in the Interest of Justice - to Achieve the Ends of Justice(Docket No. 37 ) is returned to Plaintiff without filing. IT IS FURT HER ORDERED 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. IT IS FURTHER ORDERED that the C lerk of the Court shall send another copy of the Order entered on July 3, 2013 (Docket No. 34 ) wherein the undersigned directed Plaintiff to submit an amended complaint on the Court-provided form no later than August 5, 2013. IT IS FURTHER ORDERED that the Clerk shall mail to Plaintiff another Civil Complaint form. Signed by Magistrate Judge Terry I. Adelman on 7/17/13. (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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Case No. 4:13CV255 TIA

MEMORANDUM AND ORDER
This matter is before the Court on “Plaintiff Motion Asking the Court to Direct Defendant’s
[sic] to Respond in the Interest of Justice - to Achieve the Ends of Justice” (Docket No. 37).
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 Motion Asking the Court to Direct
Defendant’s [sic] to Respond in the Interest of Justice - to Achieve the Ends of Justice.” Fed. R.
Civ. P. 5(a)(1) (general requirement of service of all papers on all parties). A review of the certificate
of service shows that Plaintiff listed the Court as the recipient of the copy of the pleading rather than
Defendants’ counsel. 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. 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 July, 2013, to: H. Anthony Relys, Attorney General of Missouri,
P.O. Box 861, St. Louis, MO 63188.” “Plaintiff Motion Asking the Court to Direct Defendant’s
[sic] to Respond in the Interest of Justice - to Achieve the Ends of Justice” should be denied without
prejudice. Accordingly,

IT IS HEREBY ORDERED that “Plaintiff Motion Asking the Court to Direct Defendant’s
[sic] to Respond in the Interest of Justice - to Achieve the Ends of Justice”(Docket No. 37) 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.
IT IS FURTHER ORDERED that the Clerk of the Court shall send another copy of the
Order entered on July 3, 2013 (Docket No. 34) wherein the undersigned directed Plaintiff to submit
an amended complaint on the Court-provided form no later than August 5, 2013.
IT IS FURTHER ORDERED that the Clerk shall mail to Plaintiff another Civil Complaint
form.
Dated this 17th

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

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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 July, 2013, 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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