Hilliard v. Sutherland et al

Filing 3

MEMORANDUM AND ORDER :IT IS HEREBY ORDERED that, on or before November 23, 2015, plaintiff shall either pay the $400 filing fee or submit a motion to proceed in forma pauperis. IT IS FURTHER ORDERED that if plaintiff submits a motion to proceed in forma pauperis, he must also submit, on or before November 23, 2015, a certified copy of his prison account statement for the six-month period immediately preceding the filing of his complaint. IT IS FURTHER ORDERED that, on or before November 23 , 2015, plaintiff shall file an amended complaint on a Court-provided form, in accordance with the instructions set forth above. IT IS FURTHER ORDERED that the Clerk shall mail plaintiff a copy of the Court's form "Motion to Proceed in For ma Pauperis - Prisoner Cases" and a form prisoner complaint for filing a civil rights action. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice and without further no tice. (Copy of the 'Motion to Proceed in Forma Pauperis and Affidavit in Supporrt -Prisoner Cases' and 'Prisoner Civil Rights Complaint Under 42 USC 1983' forms mailed to the plaintiff).Signed by District Judge Audrey G. Fleissig on 10/26/2015. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RODERICK T. HILLIARD, SR.,
Plaintiff,
v.
LUCRESHA SUTHERLAND, et al.,
Defendants.

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No. 4:15-CV-1604-AGF

MEMORANDUM AND ORDER
This matter is before the Court on review of plaintiff’s inmate account
statement [Doc. 2].

The Court notes that the account statement is not certified, and

plaintiff has failed to pay the filing fee or to file a motion for leave to proceed in
forma pauperis. As such, the Court will order plaintiff to either pay the $400 filing
fee or to submit a motion to proceed in forma pauperis. If he files a motion to
proceed in forma pauperis, plaintiff must also file a certified copy of his prison
account statement for the six-month period immediately preceding the filing of his
complaint. See 28 U.S.C. § 1915(b).
The Court further notes that plaintiff has failed to sign the complaint [Doc. 1].
Rule 11(a) of the Federal Rules of Civil Procedure requires that each pleading,
written motion, and other paper be signed by an attorney of record or, if the party is
not represented by an attorney, by the party. Rule 11(a) further provides that Aan

unsigned paper shall be stricken unless the omission of the signature is corrected
promptly after being called to the attention of the attorney or party.@ Fed. R. Civ. P.
11(a). Because plaintiff is proceeding pro se, the Court will instruct him 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, supplements, and attachments thereto, 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 Tel. Fed. Cost Recovery Fees
Litig., 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 pleading this Court reviews. Id. If plaintiff wishes to sue
defendants in their individual capacities, plaintiff must specifically say so in the
amended complaint. Plaintiff should not attach any exhibits to the amended
complaint; all claims should be clearly set forth in the "Statement of Claim."
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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 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
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against any of defendant(s) will result in that individual=s dismissal from this case.1
If plaintiff fails to comply with the Court’s instructions, this action will be dismissed
without prejudice and without further notice.
Accordingly,
IT IS HEREBY ORDERED that, on or before November 23, 2015,
plaintiff shall either pay the $400 filing fee or submit a motion to proceed in forma
pauperis.
IT IS FURTHER ORDERED that if plaintiff submits a motion to proceed
in forma pauperis, he must also submit, on or before November 23, 2015, a
certified copy of his prison account statement for the six-month period
immediately preceding the filing of his complaint.
IT IS FURTHER ORDERED that, on or before November 23, 2015,
plaintiff shall file an amended complaint on a Court-provided form, in accordance
with the instructions set forth above.
IT IS FURTHER ORDERED that the Clerk shall mail plaintiff a copy of
the Court's form "Motion to Proceed in Forma Pauperis - Prisoner Cases" and a
form prisoner complaint for filing a civil rights action.
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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 if plaintiff fails to comply with this
Order, the Court will dismiss this action without prejudice and without further
notice.
Dated this 26th day of October, 2015.

UNITED STATES DISTRICT JUDGE

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