Dunn v. Zakibe

Filing 12

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for leave to amend his first amended complaint by interlineation [Doc. 11] is DENIED without prejudice. IT IS FURTHER ORDERED that plaintiff shall file a second amended complai nt within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that the Clerk of Court shall provide plaintiff with a Court form entitled "Prisoner Civil Rights Complaint under 42 U.S.C. § 1983.". Signed by District Judge John A. Ross on 11/19/13. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ADRIAN L. DUNN, SR.,
Plaintiff,
v.
JAYNIE ZAKIBE,
Defendant.

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No. 4:13-CV-1026-JAR

MEMORANDUM AND ORDER
Before the Court is plaintiff’s motion to amend his pleadings by interlineation
[Doc. #11].
The Court does not accept amendments by interlineation. The Court will,
however, allow plaintiff to file a second amended complaint on a Court-provided 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 defendant at
this time. Plaintiff is advised that his second amended complaint will replace his
amended 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 second
amended complaint, even if they were asserted in the earlier complaints.

Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for leave to amend his first
amended complaint by interlineation [Doc. #11] is DENIED without prejudice.
IT IS FURTHER ORDERED that plaintiff shall file a second amended
complaint within thirty (30) days of the date of this Order.
IT IS FURTHER ORDERED that the Clerk of Court shall provide plaintiff
with a Court form entitled “Prisoner Civil Rights Complaint under 42 U.S.C. § 1983.”
Dated this 19th day of November, 2013.

JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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