Jackson v. Rentro et al

Filing 5

MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that the Clerk shall not issue process or cause process to issue on the complaint at this time. IT IS FURTHER ORDERED that plaintiff shall file a written supplement to his complaint within thirty (30) day s from the date of this Order, stating whether he is suing the named defendants in their official capacity, individual capacity, or both individual and official capacities, in accordance with the specific instructions set forth above. IT IS FURTHER ORDERED that plaintiff's failure to supplement his complaint in accordance with this Court's instructions will result in the dismissal of this action, without prejudice and without further notice to him. Signed by District Judge Audrey G. Fleissig on 10/14/2015. (NEB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ELTON JACKSON,

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Plaintiff,
v.
UNKNOWN RENTRO, et al.,
Defendants.

No. 4:15-CV-1426-AGF

MEMORANDUM AND ORDER
This matter is before the Court on review of the complaint [Doc. #1] under 28 U.S.C. §
1915. The Court believes that, although plaintiff may be able to assert claims against defendants
Unknown Rentro, Unknown Hergore, Unknown Hobbs, and Unknown Uptgrove based on the
denial of his Constitutional rights, plaintiff has failed to state a claim upon which relief may be
granted at this time, because the complaint is silent as to whether he is suing defendants in their
official and/or individual capacities.
Taking into consideration the fact that plaintiff is proceeding pro se and in forma
pauperis, the Court will instruct him to file a written supplement to his complaint, in which he
simply states the capacity (i.e., official capacity, individual capacity, or both individual and
official capacities) in which he is suing each of the named defendants. See Alexander v.
Hedback, 718 F.3d 762, 766 n.4 (8th Cir. 2013) (to sue a state actor in his or her individual
capacity, "a plaintiff must expressly and unambiguously state so in the pleadings, otherwise, it
will be assumed that the defendant is sued only in his or her official capacity"). Plaintiff is
advised that he must sign the supplement to the complaint.

In accordance with the foregoing,
IT IS HEREBY ORDERED that the Clerk shall not issue process or cause process to
issue on the complaint at this time.
IT IS FURTHER ORDERED that plaintiff shall file a written supplement to his
complaint within thirty (30) days from the date of this Order, stating whether he is suing the
named defendants in their official capacity, individual capacity, or both individual and official
capacities, in accordance with the specific instructions set forth above.
IT IS FURTHER ORDERED that plaintiff's failure to supplement his complaint in
accordance with this Court's instructions will result in the dismissal of this action, without
prejudice and without further notice to him.
Dated this 14th day of October, 2015.

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UNITED STATES DISTRICT JUDGE

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