Rivadeneira v. Department of Homeland Security (D.H.S.) et al

Filing 2

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Clerk is directed to mail to plaintiff a copy of the Court's prisoner civil rights complaint form.IT IS FURTHER ORDERED that the Clerk is directed to mail to plaintiff a copy of the motion to pr oceed in forma pauperis form for prisoners. IT IS FURTHER ORDERED that plaintiff must file an amended complaint on the Court's form within thirty (30) days of the date of this Order. Plaintiff is advised that his amended complaint will take the place of his original complaint and will be the only pleading that this Court will review. So, the amended complaint must include all of plaintiffs claims. IT IS FURTHER ORDERED that plaintiff must either pay the $400 filing fee or submit a moti on to proceed in forma pauperis within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff files a motion to proceed in forma pauperis, he must also file a certified copy of his prison account statement for the six-mon thperiod preceding the filing of the complaint. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice. If the case is dismissed for non-compliance with thisOrder, the dismissal will not count as a "strike" under 28 U.S.C. § 1915(g). Response to Court due by 7/17/2015. Signed by District Judge Ronnie L. White on 6/17/15. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
FELIZ GUZMAN RIVADENEIRA, on
behalf of the thousands of federal detainees
and their families here in the United States
of America and all over the world,
Plaintiff,
v.

DEPARTMENT OF HOMELAND
SECURITY, et al. ,
Defendant,

)
)
)
)
)
)
)
)
)
)
)
)
)

No. 4:15CV948 RLW

MEMORANDUM AND ORDER
This matter is before the Court upon review of plaintiffs pro se complaint.

The

complaint is defective because it has not been drafted on the Court' s form. See E.D. Mo. Local
Rule 2.06(A). Additionally, plaintiff must either pay the filing fee or file a motion to proceed in
formapauperis. See 28 U.S.C. § 1915(a).
Accordingly,
IT IS HEREBY ORDERED that the Clerk is directed to mail to plaintiff a copy of the
Court' s prisoner civil rights complaint form.
IT IS FURTHER ORDERED that the Clerk is directed to mail to plaintiff a copy of the
motion to proceed in forma pauperis form for prisoners.
IT IS FURTHER ORDERED that plaintiff must file an amended complaint on the
Court' s form within thirty (30) days of the date of this Order.

Plaintiff is advised that his

amended complaint will take the place of his original complaint and will be the only pleading
that this Court will review. So, the amended complaint must include all of plaintiffs claims.

IT IS FURTHER ORDERED that plaintiff must 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 files a motion to proceed in forma
pauperis, he must also file a certified copy of his prison account statement for the six-month
period preceding the filing of the complaint.

IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court
will dismiss this action without prejudice. If the case is dismissed for non-compliance with this
Order, the dismissal will not count as a "strike" under 28 U.S.C. § 1915(g).
Dated this$ay of June, 2015 .

~~
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

2