Bond v. Smith et al

Filing 2

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of Court shall copy plaintiff's complaint and file it as an amended complaint in Bond v. St. Louis County Jail, 4:13CV2130 RWS. IT IS FURTHER ORDERED that the Clerk of Court shall thereafter administratively close this action. Signed by District Judge Rodney W. Sippel on 3/20/14. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

FRENCHIE BOND

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Plaintiff,
v.
UNKNOWN SMITH, et al.,
Defendant.

No. 4:14CV503 RWS

MEMORANDUM AND ORDER
Before the Court is a complaint filed by plaintiff Frenchie Bond on March 19, 2014. As
the complaint was filed without a pending case number on the document, the Clerk of Court
opened a new case for plaintiff’s action.
Plaintiff, an inmate at Missouri Eastern Correctional Center (“MECC”), brings this action
pursuant to 42 U.S.C. § 1983 against defendant correctional officers Unknown Smith, T.Lee,
Unknown Sanders and Betty Barns. Plaintiff Bond asserts in his complaint that when he was
incarcerated as a pretrial detainee at St. Louis County Justice Center in Clayton, Missouri, he
was subjected to excessive force by defendant Smith and that the other named defendants failed
to intervene.
In the introductory paragraphs of plaintiff’s complaint plaintiff states that he “had” a
prior case before this Court, Bond v. St. Louis County Jail, 4:13CV2130 RWS, which was
dismissed, without prejudice, pursuant to Fed.R.Civ.P.41(b). However, a review of the Court’s
docket indicates that this case is still open and has a deadline of March 21, 2014, by which
plaintiff must file an amended complaint. In light of the Court’s interest in judicial economy, the
Court will order the Clerk to copy plaintiff’s complaint and file it as an amended complaint in
plaintiff’s prior case. The Clerk shall then administratively terminate the present action.

Accordingly,
IT IS HEREBY ORDERED that the Clerk of Court shall copy plaintiff’s complaint and
file it as an amended complaint in Bond v. St. Louis County Jail, 4:13CV2130 RWS.
IT IS FURTHER ORDERED that the Clerk of Court shall thereafter administratively
close this action.
Dated this 20th day of March, 2014.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

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