Muhammad v. Keefe Corp. et al
Filing
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MEMORANDUM AND ORDER: IT IS HEREBY 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 plaintiff must file an amended complaint on the Court's for m within thirty (30) days of the date of this Order (Amended Pleadings due by 10/17/2016). IT IS FURTHER ORDERED that plaintiff must file a certified copy of his prison account statement for the six-month period preceding the filing of the complaint within thirty (30) days of the date of this Order (Response to Court due by 10/17/2016). IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice. Signed by District Judge Catherine D. Perry on 9/16/16. (CAR)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
HAKEEM MUHAMMAD,
Plaintiff,
v.
KEEFE CORP., et al.,
Defendants,
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No. 4:16-CV-1458 CDP
MEMORANDUM AND ORDER
This matter is before the Court upon review of plaintiff=s pro se complaint.
Plaintiff filed this action with another inmate, Keenan Cofield. Cofield v. Keefe
Corp., No. 4:16-CV-1390 RWS (E.D. Mo.). The Court ordered the Clerk to open
this case because it does not permit multiple prisoners to proceed jointly under
Rule 20 of the Federal Rules of Civil Procedure. The instant complaint does not
appear to have been drafted by plaintiff and it contains allegations pertaining to
Mr. Cofield.
As a consequence, the Court will order plaintiff to submit an
amended complaint on the Court’s form. Additionally, the Court will require him
to submit a certified copy of his prison account statement for the six-month period
immediately preceding the filing of the complaint.
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.
Accordingly,
IT IS HEREBY 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 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 file a certified copy of his
prison account statement for the six-month period preceding the filing of the
complaint within thirty (30) days of the date of this Order.
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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.
Dated this 16th day of September, 2016.
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
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