Fields et al v. Steele 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 plaintiffs shall file an amended complaint within thirty (30) days from the dat e of this Order. In the amended complaint, plaintiffs shall complete in its entirety the Court-provided form for filing a prisoner civil rights complaint. Specifically, in the "Caption" of the form complaint, plaintiffs shall set forth th e name of each defendant they wish to sue; and in the "Statement of Claim," they shall set forth the specific factual allegations supporting their claim(s) against the particular defendant, as well as the specific rights that they clai m the defendant violated. Each plaintiff must sign the amended complaint. IT IS FURTHER ORDERED that, within thirty (30) days from the date of this Order, plaintiffs shall each complete and submit a motion for leave to proceed in forma pauperis and certified copies of their inmate trust fund accounts. IT IS FURTHER ORDERED that, in addition to a copy of this Memorandum and Order, the Clerk shall mail plaintiffs a copy of the Court-provided form for filing a prisoner civil rights complaint, as well as copies of the court forms entitled Motion to Proceed In Forma Pauperis and Affidavit in Support -- Prisoner Cases. IT IS FURTHER ORDERED that plaintiffs motions for injunctive relief and for immediate transfer [ECF No. 2 and 3] are DENIED w ithout prejudice. IT IS FURTHER ORDERED that if plaintiffs fail to comply with this Order, the Court will dismiss this action pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. (Amended/Supplemental Pleadings due by 9/21/2013.) Signed by District Judge E. Richard Webber on August 22, 2013. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ORLANDO FIELDS, et al.,
Plaintiffs,
v.
TROY STEELE, et al.,
Defendants.

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No. 4:13CV01491 ERW

MEMORANDUM AND ORDER
This matter is before the Court upon plaintiffs’ submission of a complaint against
defendants Troy Steele, Daniel Bryan, Calev Brown and Clifton Bandy [ECF No. 1].
Upon review of the file, the Court finds that the complaint does not comply with Local
Rule 2.06(A), because it was not filed on a Court-provided form.1 In addition, the complaint does
not comply with Rules 8 and 10 of the Federal Rules of Civil Procedure. Rule 8(a) requires that a
complaint contain a short and plain statement of the claim showing that the pleader is entitled to
relief and a demand for the relief sought. And Rule 10(b) requires that a party must state its
claims or defenses in separately numbered paragraphs, each limited as far as practicable to a single
set of circumstances. 2

1

This Court’s Local Rule 2.06(A) states, “All actions brought by pro se plaintiffs or
petitioners should be filed on Court-provided forms. If an action is not filed on a Court-provided
form, the Court . . . may order the pro se plaintiff or petitioner to file the action on a Court-provided
form.”
2

Even pro se litigants are obligated to plead specific facts and must abide by the Federal Rules
of Civil Procedure. See U.S. v. Wilkes, 20 F.3d 651, 653 (5th Cir. 1994); Boswell v. Honorable
Governor of Texas, 138 F.Supp.2d 782, 785 (N.D. Texas 2000).

Because the manner in which the complaint is drafted makes it difficult to review, the
Court will grant plaintiffs time to file an amended complaint on a Court-provided form, as set
forth below. Plaintiffs are advised that the filing of an amended complaint will supersede the
original complaint and will be the only complaint this Court reviews. See, e.g., In re Wireless
Telephone Federal Cost Recovery Fees Litigation, 396 F.3d 922, 928 (8th Cir. 2005). Because
the Court is allowing plaintiffs to amend their complaint, it will take no action as to the named
defendants at this time and it will dismiss, without prejudice the motions accompanying the
complaint.
Last, the Court notes that plaintiffs have not paid the $400 filing fee, nor have they each
submitted motions for leave to proceed in forma pauperis and certified copies of their prisoner
trust fund account statements. As set forth below, the Court will also grant plaintiffs an
opportunity to rectify this situation.
Accordingly,
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 plaintiffs shall file an amended complaint within thirty
(30) days from the date of this Order. In the amended complaint, plaintiffs shall complete in its
entirety the Court-provided form for filing a prisoner civil rights complaint. Specifically, in the
"Caption" of the form complaint, plaintiffs shall set forth the name of each defendant they wish to
sue; and in the "Statement of Claim," they shall set forth the specific factual allegations supporting
their claim(s) against the particular defendant, as well as the specific rights that they claim the
defendant violated. Each plaintiff must sign the amended complaint.

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IT IS FURTHER ORDERED that, within thirty (30) days from the date of this Order,
plaintiffs shall each complete and submit a motion for leave to proceed in forma pauperis and
certified copies of their inmate trust fund accounts.
IT IS FURTHER ORDERED that, in addition to a copy of this Memorandum and
Order, the Clerk shall mail plaintiffs a copy of the Court-provided form for filing a prisoner civil
rights complaint, as well as copies of the court forms entitled “Motion to Proceed In Forma
Pauperis and Affidavit in Support -- Prisoner Cases.”
IT IS FURTHER ORDERED that plaintiffs’ motions for injunctive relief and for
immediate transfer [ECF No. 2 and 3] are DENIED without prejudice.
IT IS FURTHER ORDERED that if plaintiffs fail to comply with this Order, the Court
will dismiss this action pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.
So Ordered this 22nd day of August, 2013.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICTJUDGE

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