Andrews v. Schafer et al

Filing 4

OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Clerk shall mail to plaintiff a copy of the Courts form Prisoner Civil Rights Complaint.IT IS FURTHER ORDERED that, consistent with this Order, plaintiff shallfile an amended complaint on the Court-provided form within thirty (30) days of the date of this Order; plaintiff shall not attach a memorandum of law to the amended complaint. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, Response to Court due by 12/25/2013. Signed by District Judge Henry E. Autrey on 11/25/13. cc: prisoner civil right complaint mailed to petitioner.(CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DWAYNE ANDREWS,
Plaintiff,
v.
KEITH SCHAFER, et al.,
Defendants.

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No. 4:13CV2045 HEA

OPINION, MEMORANDUM AND ORDER
This matter is before the Court on review of plaintiff’s pro se complaint [Doc.
#1]. The complaint is defective because plaintiff has not completed the Courtprovided form, but rather, has chosen to attach a Memorandum of Law to it. See
Local Rule 2.06(A). Because plaintiff is proceeding pro se, the Court will allow him
an opportunity to file an amended complaint, as set forth herein.
In filing his amended complaint, plaintiff must be mindful that the number of
claims a litigant may assert in a single action is limited by Federal Rule of Civil
Procedure 20(a)(2), which provides:
Persons . . . may be joined in one action as defendants if:
(A) any right to relief is asserted against them jointly,
severally, or in the alternative with respect to or arising out
of the same transaction, occurrence, or series of
transactions or occurrences; and (B) any question of law or
fact common to all defendants will arise in the action.

Thus, a plaintiff cannot normally seek to join in one lawsuit a multitude of claims
against a host of different defendants, relating to events arising out of a series of
different occurrences or transactions. In other words, “Claim A against Defendant
1 should not be joined with unrelated Claim B against Defendant 2.” George v.
Smith, 507 F.3d 605, 607 (7th Cir. 2007). "Unrelated claims against different
defendants belong in different suits, . . . [in part] to ensure that prisoners pay the
required filing fees - for the Prison Litigation Reform Act limits to 3 the number of
frivolous suits or appeals that any prisoner may file without prepayment of the
required fees." Id.
Therefore, in filing his amended complaint, plaintiff should select the
transaction or occurrence he wishes to pursue, in accordance with the Federal Rules
of Civil Procedure, limiting his facts and allegations to the defendant(s) involved in
said occurrence. Plaintiff should only include in his amended complaint those claims
that arise out of the same transaction or occurrence. See Fed.R.Civ.P. 20(a)(2).
Alternatively, plaintiff may choose to select one defendant and set forth as many
claims as he has against that single individual. See Fed.R.Civ.P. 18(a).
Plaintiff is reminded that he is required to submit his amended complaint on
a court-provided form, and it must comply with Rules 8 and 10 of the Federal Rules
of Civil Procedure. Specifically, in the "Caption" of the form complaint, plaintiff
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shall set forth the name of each defendant he wishes to sue; and in the "Statement of
Claim," plaintiff shall start by typing the first defendant’s name, and under that name,
he shall set forth in separate numbered paragraphs the allegations supporting his
claim(s) as to that particular defendant, as well as the right(s) that he claims that
particular defendant violated. If plaintiff is suing more than one defendant, he shall
proceed in this manner with each of the named defendants, separately setting forth
each individual name and under that name, in numbered paragraphs, the allegations
specific to that particular defendant and the right(s) that he claims that particular
defendant violated.
The amended complaint must contain short and plain statements showing that
plaintiff is entitled to relief, the allegations must be simple, concise, and direct, and
the numbered paragraphs must each be limited to a single set of circumstances. If
plaintiff needs more space, he may attach additional sheets of paper to the amended
complaint and identify them as part of the "Caption" or "Statement of Claim."
Plaintiff should not attach a memorandum of law to his amended complaint.
Because the Court is allowing plaintiff to amend his complaint, it will take no
action as to the named defendants at this time. Plaintiff is advised that the amended
complaint will replace the original complaint and will be the only pleading this Court

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reviews. See, e.g., In re Wireless Telephone Federal Cost Recovery Fees Litigation,
396 F.3d 922, 928 (8th Cir. 2005).
Last, if plaintiff wishes to pursue additional claims against additional
defendants, and the claims do not arise from the same transaction or occurrence he
has chosen to advance in his amended complaint, he must file each such claim(s) on
a separate complaint form and either pay the $400 filing fee or file a motion for leave
to proceed in forma pauperis and certified inmate account statement.
Accordingly,
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, consistent with this Order, plaintiff shall
file an amended complaint on the Court-provided form within thirty (30) days of the
date of this Order; plaintiff shall not attach a memorandum of law to the amended
complaint.
IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order,

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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).
Dated this 25th day of November, 2013.

HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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