Jones v. Schmitt et al

Filing 6

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [ECF No. 2] is GRANTED. IT IS FURTHER ORDERED that pursuant to the Courts 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 the Clerk shall forward to plaintiff the Court-provided form for filing a civil rights complaint. IT IS FURTHER ORDERED that plaintiffs motion for counsel [ECF No. 3] is DENIED, without prejudice. Signed by District Judge E. Richard Webber on March 26, 2015. (Memorandum and Order and blank civil rights complaint sent to Mr. Jones this date.)(MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RICKY JONES,
Plaintiff,
v.
DAVID SCHMITT, et al.,
Defendants.

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No. 4:15CV00164 ERW

MEMORANDUM AND ORDER
This matter is before the Court on the application of Ricky Jones for leave to
commence this action without payment of the required filing fee [ECF No. 2]. See
28 U.S.C. ' 1915(a). Upon consideration of the financial information provided
with the application, the Court finds that plaintiff is financially unable to pay any
portion of the filing fee. Therefore, plaintiff will be granted leave to proceed in
forma pauperis pursuant to 28 U.S.C. ' 1915(a). In addition, for the reasons set
forth below, the Court will instruct plaintiff to file an amended complaint.
Plaintiff seeks injunctive relief in this action against four employees of the
Sexual Offender Rehabilitation and Treatment Services (“SORTS”). Plaintiff has
filed a complaint [Doc. #1], as well as two supplements [Docs. #4 and #5];
however, the Court does not allow amendments by supplementation or

interlineation. As such, the Court will instruct plaintiff to file an amended
complaint on a Court-provided form, as more fully set forth below.
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 supporting these claims as to each named defendant.
The amended complaint shall be typed or legibly handwritten on a Courtprovided form for filing a civil complaint. Plaintiff is advised that his amended
complaint will supersede his original complaint and supplements and will be the
only complaint this Court reviews. Moreover, in the section of the complaint
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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 claims against each of the named defendants. Plaintiff should not attach
exhibits to his amended complaint. Plaintiff risks dismissal of the instant action if
he fails to comply with this Court's instructions.
Last, plaintiff has filed a motion for appointment of counsel [ECF No. 3].
AA pro se litigant has no statutory or constitutional right to have counsel appointed
in a civil case.@ Stevens v. Redwing, 146 F.3d 538, 546 (8th Cir. 1998). When
determining whether to appoint counsel for an indigent litigant, the Court considers
relevant factors, such as the complexity of the case, the ability of the pro se litigant
to investigate the facts, the existence of conflicting testimony, and the ability of the
pro se litigant to present his or her claim. Id.
After reviewing these factors, the Court finds that the appointment of
counsel is not warranted at this time. This case is neither factually nor legally
complex, and it appears that plaintiff is able to present his claims. Consequently,
the motion will be denied, without prejudice.
In accordance with the foregoing,
IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in
forma pauperis [ECF No. 2] is GRANTED.
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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 the Clerk shall forward to plaintiff the
Court-provided form for filing a civil rights complaint.
IT IS FURTHER ORDERED that plaintiff’s motion for counsel [ECF No.
3] is DENIED, without prejudice.
So Ordered this 26th day of March, 2015.

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E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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