Scott v. Russell et al

Filing 60

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff shall file a third amended complaint within thirty (30) days from the date of this Order. IT IS FURTHER ORDERED that plaintiffs motions for appointment of counsel [Docs. #29 and #51] and mo tion instructing defendants to respond to the second amended complaint [Doc. #44], are DENIED as moot. IT IS FURTHER ORDERED that the following pro se motions are DENIED without prejudice: Doc. #53 (motion requesting judicial notice), Doc. #55 (motion for temporary restraining order regarding deprivation of plaintiffs property), and Doc. #56 (motion for order directing defendants to respond to Doc. #55). Signed by Magistrate Judge Terry I. Adelman on 10/30/2013. (KMS)

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 sua sponte. Plaintiff, an inmate at the Potosi
Correctional Center, filed this 42 U.S.C. § 1983 action on February 8, 2013 [Doc. #1].
After attempting to amend the complaint by interlineation, the Court instructed plaintiff
on March 4, 2013, to file an amended complaint [Doc. #12]. The amended complaint
was filed on March 28, 2013 [Doc. #19]. On June 5, 2013, the Court granted plaintiff
in forma pauperis status and issued an Order of Partial Dismissal [Docs. #24 and #25].
On June 24, 2013, plaintiff filed a motion to add parties [Doc. #28] and requested time
to file a second amended complaint [Doc. #40]. On August 2, 2013, the Court
instructed plaintiff to file a second amended complaint within thirty days [Doc. #41].
Plaintiff filed a second amended complaint on August 8, 2013 [Doc. #45], and the
Court issued an Order, instructing defendants not to file an answer or other responsive

pleading to the second amended complaint until the Court had completed its review
under 28 U.S.C. § 1915 [Doc. #47]. In addition, plaintiff has filed a number of
miscellaneous motions [Docs. #29 (motion for counsel), #44 (motion instructing
defendants to respond to the second amended complaint), #51 (motion for counsel),
#53 (motion requesting judicial notice), #55 (motion for temporary restraining order
regarding deprivation of his property), and #56 (motion for order directing defendants
to respond to Doc. #55)]. On October 24, 2013, counsel Antoinette T. Schlapprizzi
entered her appearance on behalf of plaintiff [Doc. #59].
Taking into consideration the fact that plaintiff is now represented by counsel in
this matter, the Court will grant plaintiff time to file a third amended complaint.
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 reminded that his third amended
complaint will supersede his previously-filed complaints and supplements and will be
the only complaint this Court reviews. In addition, because plaintiff has now retained
counsel, the Court will deny without prejudice plaintiff’s above-mentioned pro se
motions.
In accordance with the foregoing,
IT IS HEREBY ORDERED that plaintiff shall file a third amended complaint
within thirty (30) days from the date of this Order.
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IT IS FURTHER ORDERED that plaintiff’s motions for appointment of
counsel [Docs. #29 and #51] and motion instructing defendants to respond to the
second amended complaint [Doc. #44], are DENIED as moot.
IT IS FURTHER ORDERED that the following pro se motions are DENIED
without prejudice: Doc. #53 (motion requesting judicial notice), Doc. #55 (motion
for temporary restraining order regarding deprivation of plaintiff’s property), and Doc.
#56 (motion for order directing defendants to respond to Doc. #55).
Dated this 30th day of October, 2013.

/s/ Terry I. Adelman
UNITED STATES DISTRICT JUDGE

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