Burrows v. Save-A-Lot et al

Filing 3

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff shall submit a certified copy of his prison account statement or pay the full $400 filing fee within thirty (30) days of the date of this Memorandum and Order. Plaintiff's failur e to do so will result in a dismissal of this action, without prejudice. IT IS FURTHER ORDERED that plaintiff shall submit an amended complaint on a court-provided form no later than thirty (30) days from the date of this Memorandum and Order. IT IS FURTHER ORDERED that upon submission of the amended complaint, the Court shall review this action pursuant to 28 U.S.C. 1915 for frivolousness, maliciousness and for failure to state a claim upon which relief may be granted. IT IS FURTHER ORDE RED that the Clerk shall mail to plaintiff a copy of the Court's Prisoner Civil Rights Complaint form. (Amended/Supplemental Pleadings due by 9/25/2014.) Signed by District Judge Catherine D. Perry on August 26, 2014. (Prisoner Civil Rights Complaint form mailed to plaintiff this date.) (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KING SOLOMON BURROWS,
Plaintiff,
v.
ST. CHARLES COUNTY JAIL, et al.,
Defendants.

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No. 4:14CV1453 CDP

MEMORANDUM AND ORDER
This matter is before the Court upon the motion of King Solomon Burrows, an inmate at St.
Charles County Department of Corrections, for leave to commence this action without payment of
the required filing fee [Doc. #2]. As plaintiff has failed to submit a certified copy of his inmate
account statement, the Court cannot determine whether plaintiff has sufficient funds to pay the
filing fee. See 28 U.S.C. ' 1915(b)(1). As such, plaintiff will be required to submit his inmate
account statement within thirty (30) days of the date of this Memorandum and Order or pay the full
amount of the filing fee. Additionally, because plaintiff’s complaint is rambling and incoherent,
the Court will order plaintiff to amend his complaint on a court-provided form.
The Complaint
Plaintiff brings this action under 42 U.S.C. ' 1983 against St. Charles County Department
of Corrections and Save-A-Lot Grocery store.

His complaint is disjointed, rambling and

incoherent, but it appears that he is complaining that he was poisoned with food purchased from
Save-A-Lot, and that the poisoning was the cause for “delusional” behavior which caused his
recent arrest. Plaintiff also appears to be asserting a loss of his property during his arrest or

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incarceration at St. Charles County Department of Corrections, as in his request for relief, he seeks
return of his property.
Discussion
Plaintiff’s complaint is rambling and incoherent, and he has failed to submit a certified
copy of his prison account statement such that his motion to proceed in forma pauperis can be
reviewed by this Court. Plaintiff shall have thirty (30) days from the date of this Memorandum
and Order to submit his certified account statement and file an amended complaint on a
court-provided form.
The amended complaint must comply with Rules 8 and 10 of the Federal Rules of Civil
Procedure. Rule 8(a) requires that a complaint contain a short and plain statement of the claim
showing that the pleader is entitled to relief and a demand for the relief sought. And Rule 10(b)
requires that a party must state its claims or defenses in separately numbered paragraphs, each
limited as far as practicable to a single set of circumstances.
Specifically, in the "Caption" of the form complaint, plaintiff shall set forth the name of
each defendant he wishes to sue; and in the "Statement of Claim," plaintiff shall start by writing or
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.

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Plaintiff is warned that the filing of an amended complaint completely replaces the
original complaint, and claims that are not re-alleged are deemed abandoned. See In re Wireless
Telephone Federal Cost Recovery Fees Litigation, 396 F.3d 922, 928 (8th Cir. 2005).
If plaintiff fails to file a certified copy of his prison account statement, as required by 28
U.S.C. § 1915(a), or fails to pay the full filing fee within thirty (30) days of the date of this
Memorandum and Order, his complaint will be dismissed. Similarly, if plaintiff fails to file an
amended complaint on a court-provided form within thirty (30) days, the Court will dismiss this
action without prejudice.
Accordingly,
IT IS HEREBY ORDERED that plaintiff shall submit a certified copy of his prison
account statement or pay the full $400 filing fee within thirty (30) days of the date of this
Memorandum and Order. Plaintiff’s failure to do so will result in a dismissal of this action, without
prejudice.
IT IS FURTHER ORDERED that plaintiff shall submit an amended complaint on a
court-provided form no later than thirty (30) days from the date of this Memorandum and Order.
IT IS FURTHER ORDERED that upon submission of the amended complaint, the Court
shall review this action pursuant to 28 U.S.C. ' 1915 for frivolousness, maliciousness and for
failure to state a claim upon which relief may be granted.
IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff a copy of the Court=s
Prisoner Civil Rights Complaint form.
Dated this 26th day of August, 2014.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
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