Delashmit v. Dent County Jail

Filing 2

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk is directed to mail to plaintiff a copy of the Courts prisoner civil rights complaint form. IT IS FURTHER ORDERED that the Clerk is directed to mail to plaintiff a copy of the motion to pro ceed in forma pauperis form for prisoners. IT IS FURTHER 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 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-mo nth 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. Section 1915 (g). Signed by District Judge E. Richard Webber on July 16, 2015. (MCB)(Memeorandum and Order and black forms sent to Mr. Desashmit this date.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
BRADLEY D. DESASHMIT,

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Plaintiff,
v.
DENT COUNTY JAIL,
Defendant,

No. 4:15CV1088 ERW

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).
So Ordered this 16th day of July, 2015.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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