McIntosh v. USA

Filing 6

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs motion for reconsideration [ECF No. 5] is GRANTED.IT IS FURTHER ORDERED that the Courts Order of Dismissal [ECF No. 4] is VACATED.IT IS FURTHER ORDERED that the Clerk is directed to mail to pl aintiff a copy of the Courts prisoner civil rights complaint form.IT IS FURTHER ORDERED that the Clerk is directed to mail to plaintiff a copy of the motion to proceed in forma pauperis form for prisoners.IT IS FURTHER ORDERED that plaintiff must fil e an amended complaint on the Courts form within thirty (30) days of the date of this Order.IT IS FURTHER ORDERED that plaintiff must either pay the $400 filing fee or submit a motion to proceed in forma pauperis within thirty (30) days of the d ate of this Order. IT IS FURTHER ORDERED that if plaintiff files a motion to proceed in forma pauperis, he must also file a certified copy of his prison account statement for the six-month period preceding the filing of the complaint. IT IS FURTHER O RDERED that if plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice. If the case is dismissed for non-compliance with this Order, the dismissal will not count as a strike under 28 U.S.C. § 1915(g). 5 ( Response to Court due by 10/13/2016.) Signed by District Judge Jean C. Hamilton on 9/13/16. CC: Petitioner w/copy of forms.(CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RODNEY O. MCINTOSH,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant,

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No. 4:16-CV-01103-DDN

MEMORANDUM AND ORDER
Plaintiff moves the Court to vacate its Order of Dismissal on the basis that he did not
receive the Court’s Order dated July 8, 2016, requiring him to file an amended complaint and to
either pay the filing fee or file a motion for leave to proceed in forma pauperis. Under the
circumstances, the Court finds that the motion should be granted.
Plaintiff has thirty days from the date of this Order to file an amended complaint in
accordance with the specific instructions set forth here. All claims in the action must be included
in one, centralized complaint form. See Fed. R. Civ. P. 7(a)(1), 8(a).
Additionally, plaintiff is warned that the filing of an amended complaint replaces
the original complaint and all previously-filed pleadings, so plaintiff 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. The allegations in the complaint must show how each and every defendant is directly
responsible for the alleged harms. If plaintiff wishes to sue defendants in their individual

capacities, plaintiff must specifically say so in the amended complaint. If plaintiff fails to
sue defendants in their individual capacities, this action may be subject to dismissal.
All of plaintiff’s claims should be clearly set forth in the “Statement of Claim.” If
plaintiff fails to file an amended complaint on the Court’s form within thirty days and in
compliance with the Court’s instructions, the Court will dismiss this action without prejudice and
without further notice.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for reconsideration [ECF No. 5] is
GRANTED.
IT IS FURTHER ORDERED that the Court’s Order of Dismissal [ECF No. 4] is
VACATED.
IT IS FURTHER ORDERED that the Clerk is directed to mail to plaintiff a copy of the
Court’s prisoner civil rights complaint form.
IT IS FURTHER ORDERED that the Clerk is directed to mail to plaintiff a copy of the
motion to proceed in forma pauperis form for prisoners.
IT IS FURTHER ORDERED that plaintiff must file an amended complaint on the
Court’s form within thirty (30) days of the date of this Order.
IT IS FURTHER ORDERED that plaintiff must either pay the $400 filing fee or
submit a motion to proceed in forma pauperis within thirty (30) days of the date of this Order.
IT IS FURTHER ORDERED that if plaintiff files a motion to proceed in forma
pauperis, he must also file a certified copy of his prison account statement for the six-month
period preceding the filing of the complaint.

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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. If the case is dismissed for non-compliance with this
Order, the dismissal will not count as a “strike” under 28 U.S.C. § 1915(g).
Dated this 13th day of September, 2016.

/s/ Jean C. Hamilton
UNITED STATES DISTRICT JUDGE

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