Trotter v. Lawson et al

Filing 4

MEMORANDUM AND ORDER : ORDERED that the Clerk shall not issue process or causeprocess to issue upon the complaint at this time. 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 the named defendants in their official capacities, individual capacities, or both individual and official capacities, in accordance with the specific instructionsset forth above. FURTHER ORDERED that plaintiff& #039;s failure to supplement his complaint in accordance with this Court's instructions will result in the dismissal of this action, without prejudice and without further notice to him. Response to Court due by 9/26/2013.. Signed by District Judge Jean C. Hamilton on 8/27/13. (CEL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

CARLDEN TROTTER,
Plaintiff,
v.
WALTER LAWSON, et al.,
Defendants.

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No. 4:13-CV-1636-JCH

MEMORANDUM AND ORDER
This matter is before the Court upon review of the complaint [Doc. #1] under
28 U.S.C. § 1915. The Court believes that, although plaintiff may be able to assert
a claim against defendants based on the denial of his Constitutional rights, plaintiff
has failed to state a claim upon which relief may be granted at this time, because the
complaint is silent as to whether he is suing defendants in their official and/or
individual capacities.
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 simply 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. See Alexander v. Hedback, 718 F.3d 762, 766 n.4 (8th Cir.

2013)(to sue a state actor in his or her individual capacity, "a plaintiff must expressly
and unambiguously state so in the pleadings, otherwise, it will be assumed that the
defendant is sued only in his or her official capacity"). 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 the named defendants in their official capacities, individual capacities, or
both individual and official capacities, in accordance with the specific instructions
set forth above.
IT IS FURTHER ORDERED that plaintiff's failure to supplement his
complaint in accordance with this Court's instructions will result in the dismissal of
this action, without prejudice and without further notice to him.
Dated this 27th day of August, 2013.

/s/Jean C. Hamilton
UNITED STATES DISTRICT JUDGE

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