Crumble v. Shalala

Filing 8

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that plaintiff's second motion for leave to proceed in forma pauperis [Doc. #6] is DENIED a s moot. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint. IT IS FURTHER ORDERED that, pursuant to the Court's instructions, Plaintiff shall file an amended complaint on a Court-provided fo rm within thirty (30) days from the date of this Order. IT IS FURTHER ORDERED that, in addition to a copy of this Order, the Clerk shall forward to Plaintiff the Court-provided form for filing a civil complaint. IT IS FURTHER ORDERED that Plaintiffs failure to amend 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. Signed by District Judge Audrey G. Fleissig on 1/24/2014. (NCL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

KENNETH CRUMBLE,
Plaintiff,
v.
DONNA SHALALA,
Defendant.

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No. 4:13-CV-2426-AGF

MEMORANDUM AND ORDER
This matter is before the Court upon the motion of Kenneth Crumble for leave
to commence this action without payment of the required filing fee [Doc. #2]. Upon
consideration of the financial information provided with the motion, the Court finds
that plaintiff is financially unable to pay any portion of the filing fee, and therefore,
the motion will be granted. Furthermore, after reviewing the complaint and fiftythree-page attachment, the Court will instruct plaintiff to file an amended complaint
on a Court-provided form, as more fully set forth below.
The Complaint
Plaintiff seeks monetary relief in this action against Donna Shalala (former
Secretary of Health and Human Services). It is unclear to the Court exactly what
the nature of Plaintiff’s claims are in this case. Rather than complete the Section IV

“Statement of Claim” section of the Court-provided complaint, Plaintiff has chosen
to attach a fifty-three-page exhibit, consisting of numerous Social Security
Administration documents, a handwritten letter from plaintiff to the Federal Bureau
of Investigation, documents relating to a major medical plan at Stix, Baer & Fuller,
worker’s compensation documents, and Plaintiff’s own handwritten account
pertaining to his social security disability insurance benefits.
The Federal Rules of Civil Procedure require litigants to formulate their
pleadings in an organized and comprehensible manner. Even pro se litigants are
obligated to 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); Fed.R.Civ.P. 8(a)(2) (complaint should
contain short and plain statement of claims); Fed.R.Civ.P. 8(e)(2) (each claim shall
be simple, concise, and direct); Fed.R.Civ.P. 10(b) (parties are to separate their
claims within their pleadings the contents of which shall be limited as far as
practicable to a single set of circumstances). Although the Court is to give the
complaint the benefit of a liberal construction, the Court will not create facts or
claims that have not been alleged. Plaintiff is required, to the best of his ability, to
set out in a simple, concise, and direct manner, not only his claims, but also the facts

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supporting these claims as to each named defendant. Because Plaintiff has failed to
do so, the Court is unable to determine the nature of his claims.
Taking into consideration the fact that Plaintiff is proceeding pro se and in
forma pauperis, the Court will grant him time to file an amended complaint. The
amended complaint shall be typed or legibly handwritten on a Court-provided form
for filing a civil complaint. Plaintiff is advised that his amended complaint will
supersede his original complaint and will be the only complaint this Court reviews.
Moreover, in the section of the complaint entitled "Statement of Claim," Plaintiff
must set out, in separate numbered paragraphs and in a simple, concise, and direct
manner, the specific facts relative to his claim(s) against Donna Shalala. Plaintiff
should not attach exhibits to his complaint. Plaintiff risks dismissal of the instant
action if he fails to comply with this Court's instructions.
In accordance with the foregoing,
IT IS HEREBY ORDERED that plaintiff’s motion for leave to proceed in
forma pauperis [Doc. #2] is GRANTED.
IT IS FURTHER ORDERED that plaintiff’s second motion for leave to
proceed in forma pauperis [Doc. #6] is DENIED as moot.
IT IS FURTHER ORDERED that the Clerk shall not issue process or
cause process to issue upon the complaint.
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IT IS FURTHER ORDERED that, pursuant to the Court’s instructions,
Plaintiff shall file an amended complaint on a Court-provided form within thirty (30)
days from the date of this Order.
IT IS FURTHER ORDERED that, in addition to a copy of this Order, the
Clerk shall forward to Plaintiff the Court-provided form for filing a civil complaint.
IT IS FURTHER ORDERED that Plaintiff’s failure to amend 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 24th day of January, 2014.

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UNITED STATES DISTRICT JUDGE

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