Bowen v. ERDCC

Filing 2

MEMORANDUM AND ORDER: HEREBY ORDERED that the Clerk is directed to mail to plaintiff a copy of theCourts prisoner civil rights complaint form.IT IS FURTHER ORDERED that the Clerk is directed to mail to plaintiff a copy of themotion to proceed in form a pauperis form for prisoners.IT IS FURTHER ORDERED that plaintiff must file an amended complaint on theCourts 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 orsubmit 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 formapauperis, he must also file a certified copy of his prison account statement for the six-monthperiod 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). Response to Court due by 10/20/2015. Signed by District Judge Jean C. Hamilton on 07/20/2015. (Attachments: # 1 Prisoner Civil Rights form, # 2 Motion IFP form)(CLK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DANIEL BOWEN,

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Plaintiff,
v.
ERDCC,
Defendant,

No. 4:15CV1098 JCH

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

20th

day of July, 2015.

\s\ Jean C. Hamilton
UNITED STATES DISTRICT JUDGE

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