Hall v. Edwards

Filing 2

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk shall mail to plaintiff a copy of the Courts form "Prisoner Civil Rights Complaint under 42 U.S.C. Section 1983" and a copy of the Courts form "Motion to Proceed In Forma Paup eris 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 $400 filing f ee or submit a motion to proceed in forma pauperis within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff submits a motion to proceed in forma pauperis, he must also submit a certified copy of his prison account statement for the six-month period immediately preceding the filing of his complaint. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, or if he advises the Court, in writing, that he did not intend to file these documents as a new action, then 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. Section 1915(g). Response to Court due by 1/6/2014. Signed by District Judge Catherine D. Perry on December 6, 2013. (Memorandum and Order and Court's form "Prisoner Civil Rights Complaint Under 42 U.S.C. Section 1983" mailed to Plaintiff this date.)(MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ARIZONA HALL,
Plaintiff,
v.
LEONARD EDWARDS,
Defendant.

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No. 4:13-CV-2436-CDP

MEMORANDUM AND ORDER
This matter is before the Court on review of plaintiff’s pro se “Judicial Notice
of Felony Crimes” and “Complaint,” along with attached exhibits [Doc. #1]. The
Court notes that the documents bear a cause number that appears to reference
plaintiff’s pending 28 U.S.C. § 2254 habeas corpus case in this Court, see Hall v.
Edwards, No. 4:13-CV-556-SNLJ-TIA;1 however, it also appears that plaintiff is
attempting to bring a new civil action pursuant to 42 U.S.C. § 1983.
At this time, the Court will liberally construe plaintiff’s documents as a new
complaint. If this is incorrect, however, plaintiff may inform the Court that he did not
intend to initiate a new action, or he may simply opt to not file an amended complaint,

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The cause number on plaintiff’s documents actually states “Cause No. 4:13CV-0056 (SNLJ)(TIA).”

in which case this action will be dismissed, and the dismissal will not constitute a
“strike” under 28 U.S.C. § 1915(g).
Assuming that plaintiff intended to file these documents as a new action, the
Court finds that the complaint is defective because it has not been drafted on a Courtprovided form. See Local Rule 2.06(A). Moreover, plaintiff has neither paid the
filing fee nor submitted a motion to proceed in forma pauperis along with a prison
account statement. See 28 U.S.C. § 1915(a).
Accordingly,
IT IS HEREBY ORDERED that the Clerk shall mail to plaintiff a copy of the
Court’s form “Prisoner Civil Rights Complaint under 42 U.S.C. § 1983" and 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 $400 filing fee
or submit a motion to proceed in forma pauperis within thirty (30) days of the date
of this Order.
IT IS FURTHER ORDERED that if plaintiff submits a motion to proceed in
forma pauperis, he must also submit a certified copy of his prison account statement
for the six-month period immediately preceding the filing of his complaint.
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IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order,
or if he advises the Court, in writing, that he did not intend to file these documents
as a new action, then 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 6th day of December, 2013.

UNITED STATES DISTRICT JUDGE

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