Stufflebean v. Faith et al

Filing 4

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint at this time. IT IS FURTHER ORDERED that plaintiff shall file a written supplement to his complaint within thirty (30) da ys from the date of this Order, stating whether he is suing each of the named defendants their official capacity, individual capacity, or both official and individual capacities, in accordance with the specific instructions set forth above. IT IS FURTHER ORDERED that plaintiff's failure to comply with this Order will result in the dismissal of this action, without prejudice and without further notice to him. Response to Court due by 9/14/2013. Signed by District Judge Catherine D. Perry on August 14, 2013. (MCB)

Stufflebean v. Faith et al

Doc. 4

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JASON STUFFLEBEAN,
Plaintiff,
v.
SALLY FAITH, et al.,
Defendants.

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No. 4:13-CV-1156-CDP

MEMORANDUM AND ORDER
This matter is before the Court upon review of the complaint [Doc. #1]. The
Court believes that, although plaintiff may be able to assert a cause of action based
on the denial of his Constitutional rights, he has failed to do so at this time, because
the complaint is silent as to whether he is suing defendants in their official and/or
individual capacity.
Taking into consideration the fact that plaintiff is proceeding pro se and in
forma pauperis, the Court will instruct him to file a written supplement to his
complaint, in which he states the capacity (i.e., official capacity, individual capacity,
or both individual and official capacities) in which he is suing each of the named
defendants in this action. In this regard, the United States Court of Appeals for the
Eighth Circuit "'has held that, in order to sue a public official in his or her individual
capacity, a plaintiff must expressly and unambiguously state so in the pleadings,

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otherwise, it will be assumed that the defendant is sued only in his or her official
capacity.'" Alexander v. Hedback, 718 F.3d 762, 766 n.4 (8th Cir. 2013) (quoting
Johnson v. Outboard Marine Corp., 172 F.3d 531, 535 (8th Cir. 1999)). Plaintiff is
advised that he must sign the supplement to the complaint.
In accordance with the foregoing,
IT IS HEREBY ORDERED that the Clerk shall not issue process or cause
process to issue upon the complaint at this time.
IT IS FURTHER ORDERED that plaintiff shall file a written supplement to
his complaint within thirty (30) days from the date of this Order, stating whether he
is suing each of the named defendants their official capacity, individual capacity, or
both official and individual capacities, in accordance with the specific instructions
set forth above.
IT IS FURTHER ORDERED that plaintiff's failure to comply with this Order
will result in the dismissal of this action, without prejudice and without further notice
to him.
Dated this 14th day of August, 2013.

___________________________________
UNITED STATES DISTRICT JUDGE

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