Wilson v. Wilson

Filing 2

MEMORANDUM AND ORDER. (See Full Order.) IT IS ORDERED that plaintiff must file an amended complaint on the Courts form within thirty (30) days of the date of this Order. Plaintiff is advised that his amended complaint will take the place of his o riginal complaint and will be the only pleading that this Court will review. So, the amended complaint must include all of plaintiff's claims. IT IS FURTHER ORDERED that plaintiff must either pay the $400 filing fee or submit a motion to p roceed in forma pauperis within thirty (30) days of the date of this Order. Signed by District Judge Catherine D. Perry on 07/02/2015. (Prisoner civil rights complaint form, instructions and in forma pauperis motion form mailed to plaintiff this date with this Memorandum and Order.) (CBL)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION TYRONE WILSON, ) ) ) ) ) ) ) ) ) Plaintiff, v. TIMOTHY WILSON, Defendant, No. 4:15CV1030 CDP MEMORANDUM AND ORDER This matter is before the Court upon review of plaintiff=s 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 forma pauperis. 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 plaintiff’s 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 2nd day of July, 2015. CATHERINE D. PERRY UNITED STATES DISTRICT JUDGE 2

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