Perry v. Crews et al

Filing 7

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk shall mail to plaintiff a copy of the Court's form Prisoner Civil Rights Complaint. IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff a copy of the Court's form Motion to Proceed In Forma Pauperis Prisoner Cases. IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on the Court-provided form within thirty (30) days of the date of this Order. IT IS HEREBY ORDERED that plaintiff shall either pay the &# 036;350 filing fee or submit a proper motion to proceed in forma pauperis within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice . If the case is dismissed, the dismissal will not constitute a "strike" under 28 U.S.C. § 1915(g). IT IS FURTHER ORDERED that plaintiffs motion for issuance of subpoenas [Doc. #5] is DENIED without prejudice as prematurely filed. (NOTE: Copy of forms and Order mailed to Plaintiff) Signed by District Judge Rodney W. Sippel on 11/15/13. (LAH)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MARK R. PERRY,
Plaintiff,
v.
T. CREWS, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

No. 4:13CV1883 RWS

MEMORANDUM AND ORDER
This matter is before the Court on review of plaintiff’s pro se complaint. The
complaint is defective because it has not been drafted on a Court-provided form, see
Local Rule 2.06(A), and because plaintiff has neither paid the filing fee nor submitted
a proper motion to proceed in forma pauperis.1 See 28 U.S.C. § 1915(a).
Plaintiff has also submitted a premature motion for issuance of subpoenas
which will be denied, without prejudice, as plaintiff has not yet even filed a proper
complaint in this action and discovery has not yet been commenced.
Accordingly,

1

The Court notes that plaintiff has submitted an incomplete “Motion to Proceed
in Forma Pauperis and Affidavit in Support – Habeas Cases.” The proper motion to
be filed in a 42 U.S.C. § 1983 action is “Motion to Proceed in Forma Pauperis and
Affidavit in Support – Prisoner Cases.”

IT IS HEREBY ORDERED that the Clerk shall mail to plaintiff a copy of the
Court’s form Prisoner Civil Rights Complaint.
IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff a copy of
the Court’s form Motion to Proceed In Forma Pauperis – Prisoner Cases.
IT IS FURTHER ORDERED that plaintiff shall file an amended complaint
on the Court-provided form within thirty (30) days of the date of this Order.
IT IS HEREBY ORDERED that plaintiff shall either pay the $350 filing fee
or submit a proper motion to proceed in forma pauperis within thirty (30) days of the
date of this Order.
IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order,
the Court will dismiss this action without prejudice. If the case is dismissed, the
dismissal will not constitute a “strike” under 28 U.S.C. § 1915(g).
IT IS FURTHER ORDERED that plaintiff’s motion for issuance of
subpoenas [Doc. #5] is DENIED without prejudice as prematurely filed.
Dated this 15th day of November, 2013.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

-2-