Wallace v. St. Louis Co. Justice Center et al

Filing 4

OPINION MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that, with the exception of Walter W. Wallace, the Clerk shall STRIKE all other named plaintiffs from this action. IT IS FURTHER ORDERED that, on or before November 14, 2015, plaintiff Walter W. W allace shall file an amended complaint on a court-provided form, in accordance with the instructions set forth above. Plaintiffs failure to comply with this Order will result in the dismissal of this action, without prejudice and without further noti ce. 1The Court will review plaintiff's amended complaint pursuant to 28 U.S.C. ' 1915. A claim and/or defendant must survive ' 1915 review in order for plaintiff to proceed in this lawsuit. IT IS FURTHER ORDERED that the Clerk shall send plaintiff a court form for filing a prisoner complaint. Signed by District Judge Henry Edward Autrey on 10/20/15. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
WALTER W. WALLACE, et al.,
Plaintiffs,
v.
ST. LOUIS COUNTY JUSTICE
CENTER, et al.,
Defendants.

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No. 4:15CV1560

NCC

OPINION, MEMORANDUM AND ORDER
This matter is before the Court on its own motion. This action was filed
jointly by twelve prisoners. Multiple prisoners may not join together in a single
lawsuit under Rule 20 of the Federal Rules of Civil Procedure. Georgeoff v.
Barnes, 2:09-CV-14-ERW, 2009WL1405497 (E.D. Mo. 2009); Jones v. Abby,
2009WL2169894 (E.D. Mo. 2009).

Moreover, the Court notes that only Walter

W. Wallace has signed the complaint and has filed a motion for leave to proceed in
forma pauperis along with a certified inmate account statement. As a result, the
Court will retain Walter W. Wallace as the sole plaintiff in this action and will
strike the other eleven individuals named as plaintiffs in the caption of the
complaint.

To the extent that plaintiff Walters is seeking to bring a class action, his
request is denied. Under Rule 23(a)(4), a class representative must Afairly and
adequately protect the interests of the class.@ Additionally, a litigant may bring
his own claims to federal court without counsel, but not the claims of others. See
28 U.S.C. ' 1654; see also 7A Wright, Miller & Kane, Federal Practice and
Procedure: Civil 3d ' 1769.1 (Aclass representatives cannot appear pro se.@).
The Court will instruct plaintiff Wallace to file an amended complaint on a
court-provided form, as follows:
All claims in an action must be included in one, centralized complaint form,
as neither the Court nor defendants wish to search through supplemental and prior
pleadings in order to piece together plaintiff=s claims. As such, plaintiff is warned
that the filing of an amended complaint replaces the original complaint and all
previously-filed pleadings and supplements, and therefore, he must include
each and every one of the claims he wishes to pursue in the amended complaint.
See, e.g., In re Wireless Telephone Federal Cost Recovery Fees Litigation, 396 F.3d
922, 928 (8th Cir. 2005). Any claims from the original complaint, supplements,
and/or pleadings that are not included in the amended complaint will be
deemed abandoned and will not be considered. Id. Plaintiff is advised that
the amended complaint will replace the original complaint and will be the only
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pleading this Court reviews. See, e.g., In re Wireless Telephone Federal Cost
Recovery Fees Litigation, 396 F.3d 922, 928 (8th Cir. 2005).
Plaintiff should not attach any exhibits to the amended complaint; all claims
should be clearly set forth in the "Statement of Claim." Plaintiff may not assert any
claims on behalf of other inmates. In addition, in the "Caption" of the amended
complaint, plaintiff shall set forth the name of each defendant he wishes to sue; and
in the "Statement of Claim," plaintiff shall start by typing the first defendant=s name,
and under that name, he shall set forth in separate numbered paragraphs the
allegations supporting his claim(s) as to that particular defendant, as well as the
right(s) that he claims that particular defendant violated and the capacity in which
the defendant is being sued. Plaintiff shall proceed in this manner with each of the
named defendants, separately setting forth each individual name and under that
name, in numbered paragraphs, the allegations specific to that particular defendant
and the right(s) that he claims that particular defendant violated. The amended
complaint must contain short and plain statements showing that plaintiff is entitled
to relief, the allegations must be simple, concise, and direct, and the numbered
paragraphs must each be limited to a single set of circumstances. If plaintiff needs
more space, he may attach additional sheets of paper to the amended complaint and
identify them as part of the "Caption" or "Statement of Claim”; however, as
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previously stated, plaintiff shall not attach any exhibits to the pleading. Plaintiff
shall sign the amended complaint.
Plaintiff is reminded that he is required to submit his amended complaint on a
court-provided form, and it must comply with Rules 8 and 10 of the Federal Rules of
Civil Procedure. Plaintiff=s failure to make specific and actionable allegations
against any of defendant(s) will result in that individual=s dismissal from this case.1
Last, if plaintiff fails to file an amended complaint on a Court form within
thirty days in accordance with the Court’s instructions, this action will be dismissed
without prejudice and without further notice.
Accordingly,
IT IS HEREBY ORDERED that, with the exception of Walter W.
Wallace, the Clerk shall STRIKE all other named plaintiffs from this action.
IT IS FURTHER ORDERED that, on or before November 14, 2015,
plaintiff Walter W. Wallace shall file an amended complaint on a court-provided
form, in accordance with the instructions set forth above. Plaintiff’s failure to
comply with this Order will result in the dismissal of this action, without prejudice
and without further notice.
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The Court will review plaintiff=s amended complaint pursuant to 28 U.S.C. '
1915. A claim and/or defendant must survive ' 1915 review in order for plaintiff to
proceed in this lawsuit.
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IT IS FURTHER ORDERED that the Clerk shall send plaintiff a court
form for filing a prisoner complaint.
Dated this 20th day of October, 2015

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HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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