Suh v. Trump et al
Filing
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MEMORANDUM AND ORDER. (See Full 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 the Clerk is directed to mail to plaintiff a c opy of the motion to proceed in forma pauperis form for prisoners. 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 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 files a motion to proceed in forma pauperis, he must also 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 th e 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 Catherine D. Perry on 2/13/2017. (§1983 Package with IFP Motion and Memorandum & Order mailed to plaintiff this date.)(CBL)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ANDREW SUH,
Plaintiff,
v.
DONALD TRUMP, et al.,
Defendants.
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No. 4:17-CV-280 CDP
MEMORANDUM AND ORDER
This matter is before the Court upon review of plaintiff=s pro se complaint.
The
complaint is defective because it has not been drafted on the Court’s form for filing complaints
brought pursuant to 42 U.S.C. § 1983 allegations.
See E.D. Mo. Local Rule 2.06(A).
Additionally, plaintiff must either pay the filing fee or file a motion to proceed in forma pauperis
in order to bring his allegations to this Court. 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 (30) 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. 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 plaintiff’s 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 the Clerk is directed to mail to plaintiff a copy of the
motion to proceed in forma pauperis form for prisoners.
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 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 files a motion to proceed in forma
pauperis, he must also file a certified copy of his prison account statement for the six-month
period preceding the filing of the complaint.
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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. 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 13th day of February, 2017.
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
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