Bodway v. Mallard, et al.,

Filing 7

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that, on or before February 5, 2016, plaintiff shall file an amended complaint, in accordance with the Courts November 9, 2015 Memorandum and Order. IT IS FURTHER ORDERED that, on or before February 5, 20 16, plaintiff shall complete and submit Form CJA-23 Financial Affidavit. IT IS FURTHER ORDERED that plaintiffs failure to comply with the instant Memorandum and Order will result in the dismissal of this action, without prejudice and without further notice. IT IS FURTHER ORDERED that the Clerk of Court shall provide plaintiff with a copy of the Courts November 9, 2015 Memorandum and Order [Doc. # 4 ], as well as Form CJA-23 Financial Affidavit. (Response to Court due by 2/5/2016.) Signed by District Judge Audrey G. Fleissig on 1/21/2016. (Attachments: # 1 Form)(NEB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

LOUIS SEAN BODWAY,
Plaintiff,
v.
BRENDA MALLARD, et al.,
Defendants.

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No. 4:15-CV-1334-AGF

MEMORANDUM AND ORDER
This matter is before the Court, sua sponte, on review of the file.
On November 9, 2015, the Court ordered plaintiff to submit, on or before
December 14, 2015, a certified inmate account statement for the six-month period
immediately preceding the filing of this action, as well as an amended complaint on a
Court-provided form, in accordance with the explicit instructions set forth in the
Court’s Memorandum and Order [Doc. #4].

On November 30, 2015, the Court

received from plaintiff a letter dated November 14, 2015, stating that he had been
“released from the City Workhouse” and notifying the Court of a change of address
[Doc. #5]. On December 1, 2015, the Court’s November 9, 2015 Memorandum and
Order was returned as “undeliverable.”
Under these circumstances, plaintiff will be granted additional time in which to
file an amended complaint, in accordance with the specific instructions set forth in the

November 9 Memorandum and Order.

Because plaintiff is no longer incarcerated,

he need not submit a certified copy of his inmate account statement; however, he will
be ordered to complete a Form CJA-23 Financial Affidavit.
Accordingly,
IT IS HEREBY ORDERED that, on or before February 5, 2016, plaintiff
shall file an amended complaint, in accordance with the Court’s November 9, 2015
Memorandum and Order.
IT IS FURTHER ORDERED that, on or before February 5, 2016, plaintiff
shall complete and submit Form CJA-23 Financial Affidavit.
IT IS FURTHER ORDERED that plaintiff’s failure to comply with the
instant Memorandum and Order will result in the dismissal of this action, without
prejudice and without further notice.
IT IS FURTHER ORDERED that the Clerk of Court shall provide plaintiff
with a copy of the Court’s November 9, 2015 Memorandum and Order [Doc. #4], as
well as Form CJA-23 Financial Affidavit.
Dated this 21st day of January, 2016.

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UNITED STATES DISTRICT JUDGE

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