Robinson v. City of St. Louis Division of Corrections et al

Filing 8

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion for extension of time (Docket No. 6) is GRANTED to the extent plaintiff seeks additional time to file an amended complaint, and DENIED without prejudice in all other respects. Plaintif f shall have to and including November 25, 2016 to submit an amended complaint in accordance with this Courts October 4, 2016 Order. IT IS FURTHER ORDERED that plaintiffs motion for issuance of a subpoena (Docket No. 7 ) is DENIED without prejudice. IT IS FURTHER ORDERED that the Clerk is directed to mail to plaintiff a copy of the Courts prisoner civil rights complaint form, and a copy of this Courts October 4, 2016 Order.IT IS FURTHER ORDERED that if plaintiff fails to timely comply with this Order, the Court will dismiss this action without further proceedings. ( Response to Court due by 11/25/2016.) Signed by District Judge Rodney W. Sippel on 11/4/16. (Note: Copy of Prisoner Civil Rights Complaint form and Court Order of 10/4/16 mailed to plaintiff this date.)(ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
HOSEA LEE ROBINSON,
Plaintiff,
v.
CITY OF ST. LOUIS DIVISION OF
CORRECTIONS, et al.,
Defendants.

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No. 4:16-CV-1535 RWS

MEMORANDUM AND ORDER
This matter is before the Court upon the motions of plaintiff Hosea Lee Robinson for
additional time to submit an amended complaint (Docket No. 6) and for issuance of a subpoena
(Docket No. 7).
Plaintiff, proceeding pro se and in forma pauperis, brought this civil action under 42
U.S.C. § 1983 and named as defendants the City of St. Louis Division of Corrections, the St.
Louis Justice Center, Corizon Health Services, and Shelia Williamson, a medical supervisor. In
the “statement of claim” portion of the complaint, plaintiff alleged that, from February 2016 to
September 26, 2016, he requested but did not receive medical care for his chronic medical and
dental needs, and is in daily pain. Plaintiff also states that grievances he filed were improperly
addressed. For his claim for relief, plaintiff stated that he wanted to be seen by his private
medical care providers, and to receive $1,500,000.00 in monetary damages. Following review of
the complaint pursuant to 28 U.S.C. 1915(e), the Court determined that it failed to state a claim
upon which relief could be granted and was legally frivolous, and ordered plaintiff to submit an
amended complaint.

In the instant motion for extension of time, plaintiff states that he cannot proceed with
this case until he receives “outside medical care, so as to show medical neglect and how much
worse my health has gotten under care of St. Louis Division of Corrections, et al. and Corizon
Health Services.” (Docket No. 6). Plaintiff requests an additional 30 to 60 days “to get all
evidence together as to complete my case.” (Id.)

Plaintiff’s motion for extension of time will

be granted to the extent he seeks additional time to file an amended complaint and denied
without prejudice in all other respects, and plaintiff will be given an additional twenty-one (21)
days to submit an amended complaint. Plaintiff is reminded that the purpose of the amended
complaint is not to “complete his case” or prove that he is entitled to judgment in his favor, but
simply to set forth a “short and plain statement” of his claim showing that he is entitled to relief,
and a demand for the relief sought. Fed. R. Civ. P. 8(a).
In his motion for issuance of subpoena, plaintiff seeks a subpoena to obtain records from
the Missouri Protection and Advocate Services related to various grievances he has filed, and to
obtain medical records from Corizon. (Docket No. 7). This attempt to conduct pre-service
discovery will be denied without prejudice at this time. As explained above, the evidence
plaintiff seeks is not necessary at this stage of litigation, as plaintiff is presently required only to
prepare and submit an amended complaint in accordance with this Court’s October 4, 2016
Order.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for extension of time (Docket No. 6)
is GRANTED to the extent plaintiff seeks additional time to file an amended complaint, and
DENIED without prejudice in all other respects. Plaintiff shall have to and including November

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25, 2016 to submit an amended complaint in accordance with this Court’s October 4, 2016
Order.
IT IS FURTHER ORDERED that plaintiff’s motion for issuance of a subpoena (Docket
No. 7) is DENIED without prejudice.
IT IS FURTHER ORDERED that the Clerk is directed to mail to plaintiff a copy of the
Court’s prisoner civil rights complaint form, and a copy of this Court’s October 4, 2016 Order.
IT IS FURTHER ORDERED that if plaintiff fails to timely comply with this Order, the
Court will dismiss this action without further proceedings.
Dated this 4th day of November, 2016.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

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