Riley v. Matthews

Filing 4

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 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. IT IS FURTHER ORDERED that if plainti ff 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). Signed by District Judge Ronnie L. White on November 29, 2016. (Attachments: # 1 Prisoner Civil Rights Complaint Form)(BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
HUGH L. RILEY,

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Plaintiff,
v.
TERRY MATTHEWS,
Defendant,

No. 4:16-CV-1869 RLW

MEMORANDUM AND ORDER
This matter is before the Court upon review of plaintiffs pro se complaint.
The complaint is defective because it has not been drafted on the Court's form.

See E.D. Mo. Local Rule 2.06(A). Additionally, plaintiff must submit a prison
account statement for the six-month period immediately preceding the filing of the
complaint. See 28 U.S.C. § 1915(a).
Because plaintiff is proceeding pro se, the Court will allow plaintiff to file
an amended complaint on the Court's form. 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)(l), 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 plaintiffs 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 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.

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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.

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~ay ofNovember, 2016.
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

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