McBride v. United States District Court for the Eastern District of Missouri

Filing 13

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion for leave to proceed in forma pauperis [ECF No. 2 ] is GRANTED. IT IS FURTHER ORDERED that, no later than twenty-one (21) days from the days of this Order, plaintiff must submit a p rison trust account statement. IT IS FURTHER ORDERED that the Clerk is directed to send plaintiff a prisoner civil rights complaint form. IT IS FURTHER ORDERED that, no later than twenty-one (21) days from the date of this Order, plaintiff must subm it an amended complaint on the Court's form. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court will dismiss this action without further proceedings. Signed by District Judge John A. Ross on 1/18/17. (JAB)(Remark: Memorandum and Order and form mailed to plaintiff)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JEFFERY WAYNE MCBRIDE, JR.,
Plaintiff,

v.
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT
OF MISSOURI,
Defendant.

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No. 4:16-CV-1773 JAR

MEMORANDUM AND ORDER
This matter is before the Court on plaintiffs motion for leave to proceed in forma
pauperis. The motion is granted. Because plaintiff has no funds in his prison account, the Court
will not assess a partial initial filing fee at this time. See 28 U.S.C. § 1915(b)(4). However, the
Court will require plaintiff to submit an updated prison account statement in order to determine
whether a partial fee can be assessed at this time.
Plaintiff has filed a second amended complaint, a notice of default, and multiple
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affidavits of truth. The claims are difficult to interpret, and they are not on the Court's approved
forms. As a result, it is no longer clear what plaintiffs claims are or what plaintiff is seeking for
relief. So, the Court will require plaintiff to submit an amended complaint on the Court's form.

Plaintiff is warned that the filing of 2n amended complaint replaces the original
complaint, and so he must include each and. every one of his claims ·in the amended
complaint. E.g., In re Wireless Telephone Federal Cost Recovery Fees Litigation, 396 F.3d
922, 928 (8th Cir. 2005). Any claims from the o:riginal complaint that are not included in

the amended complaint wm be considered abandoned. Id Plaintiff must allege how each

and every defendant is directly responsibHe for the alleged harm.

In order to sue

defendants in their individual capacities, plaintiff must specifically say so in the complaint.
If plaintiff fails to sue defendants in their individual capacities, this action may be subject
to dismissal. Plaintiffs claims must be submitted on one, centralized complaint form.
Accordingly,

IT IS HEREBY ORDERED that plaintiffs motion for leave to proceed in forma
pauperis [ECF No. 2] is GRANTED.

IT IS FURTHER ORDERED that, no later than twenty-one (21) days from the days of
this Order, plaintiff must submit a prison trust account statement.

IT IS FURTHER ORDERED that the Clerk is directed to send plaintiff a prisoner civil
rights complaint form.

IT IS FURTHER ORDERED that, no later than twenty-one (21) days from the date of
this Order, plaintiff must submit an amended complaint on the Court's form.

IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court
will dismiss this action without further proceedings.
Dated this 18th day of January, 2017.

ii\. ROSS
'ED STATES DISTRICT JUDGE

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