Gunther v. Schmitt

Filing 3

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk is directed to mail to plaintiff a copy of the Court's form Civil Complaint and a copy of the Court's form Motion to Proceed In Forma Pauperis - Non Prisoner along with a CJA 23 f inancial affidavit. IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on the Court-provided form within thirty (30) days of the date of this Order. Plaintiff is advised that his amended complaint will take the place of his origina l complaint and will be the only pleading that this Court will review. IT IS FURTHER ORDERED that plaintiff shall 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 fails to comply with this Order, the Court will dismiss this action without prejudice. Signed by District Judge Ronnie L. White on January 17, 2017. (Attachments: # 1 Complaint, # 2 Motion to Proceed IFP)(BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
DIVISION
REX GUNTHER,
Plaintiff,
v.

DAVID SCHMITT,
Defendant.

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No. 4:17CV172 RLW

MEMORANDUM AND ORDER
This matter is before the Court on review of plaintiffs pro se complaint. The complaint is
defective because it has not been drafted on a Court-provided form. See Local Rule 2.06(A).
Moreover, plaintiff has neither paid the filing fee nor submitted a motion to proceed in forma
pauperis along with a financial affidavit. See 28 U.S.C. § 1915(a).
According} y,
IT IS HEREBY ORDERED that the Clerk is directed to mail to plaintiff a copy of the
Court' s form Civil Complaint and a copy of the Court' s form Motion to Proceed In Forma
Pauperis - Non Prisoner along with a CJA 23 financial affidavit.
IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on the
Court-provided form within thirty (30) days of the date of this Order. Plaintiff is advised that his
amended complaint will take the place of his original complaint and will be the only pleading that
this Court will review.
IT IS FURTHER ORDERED that plaintiff shall 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 fails to comply with this Order, the Court
will dismiss this action without prejudice.
Dated this!.±. day of January, 2017.

~.£.~
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

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