Wilson v. Ferguson

Filing 4

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that, on or before November 30, 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 mai l 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. 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. Response to Court due by 11/30/2015. Signed by District Judge Jean C. Hamilton on 10/30/2015. (CLK)cc: Prisoner forms mailed

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JAMES WILSON,

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Plaintiff,
v.
BRETT FERGUSON,
Defendant.

No. 4:15-CV-1635-JCH

MEMORANDUM AND ORDER
This matter is before the Court on review of plaintiff=s pro se complaint [Doc.
1]. It is unclear to the Court who the intended defendants are in this action, and
precisely what plaintiff’s claims are against each intended defendant. Moreover,
plaintiff has failed to allege the capacity in which he is suing defendant(s). Because
plaintiff is proceeding pro se, the Court will instruct him to file an amended
complaint on a Court form in accordance with the instructions set forth below. If
plaintiff fails to comply with the Court’s order, this action will be dismissed without
prejudice and without further notice.
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."
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 specific 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 seems to asserting an Eighth Amendment claim for delaying his brain
surgery, and thus, he should provide the dates and relevant facts relative to his
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medical requests and the medical services and/or treatments rendered, or the denial
thereof, if they are known or available to him. Plaintiff shall proceed in this manner
with each named defendant, separately setting forth each individual name and under
that name, in numbered paragraphs, the allegations specific to that particular
defendant, the right(s) that he claims that particular defendant violated, and the
capacity in which the defendant is being sued. 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
against any of defendant(s) will result in that individual=s dismissal from this case.1
1

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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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 30, 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.
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 30th

day of _____October______, 2015.

\s\ Jean C. Hamilton
UNITED STATES DISTRICT JUDGE

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