Darden v. O'Brien et al

Filing 10

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the Clerk is directed to mail to plaintiff a copy of the Courts Prisoner Civil Rights Complaint Form. IT IS FURTHER ORDERED that the plaintiff must file an amended complaint on the Courts form within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that the 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 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 Audrey G. Fleissig on 05/24/2017. (Attachments: # 1 Attachment Prisoner Civil Rights Complaint Form)(KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DOMINIQUE DARDEN,
Plaintiff,
v.
JOHN O’BRIEN, et al.,
Defendants.

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No. 4:17-CV-1383 JMB

MEMORANDUM AND ORDER
Before the Court are a myriad of letters written to the Court by plaintiff Dominique
Darden between the dates of May 8, 2017 and May 23, 2017. In his letters to the Court, plaintiff
complains of numerous “fraudulent acts” he believes are being perpetrated against him by
defendants, along with “invasion of his rights” and “continuing violations” occurring in his
ongoing criminal action in this Court. See United States v. Darden, 4:17-CR-70 CDP (E.D.Mo.).
On May 2, 2017, the Court ordered plaintiff to place all of his claims against defendants
in one centralized, prisoner complaint-form.1 See Docket No. 3. Plaintiff was told that all claims
should be included one that one form, and any prior pleadings or supplements that were not
included on that form would be deemed abandoned and would not be considered.
The Court cannot allow piece-meal litigation.

Plaintiff cannot continue to pursue

separate claims against individual defendants in letters to this Court or through supplemental
pleadings. He must file one centralized complaint on a court-provided form. The Court will

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On that same date, plaintiff was also ordered to submit a motion to proceed in forma pauperis,
or pay the filing fee in this matter. Plaintiff has failed to comply with this request. Plaintiff will
be given an additional thirty (30) days to either pay the filing fee or file a motion to proceed in
forma pauperis.

provide plaintiff an additional thirty (30) days to comply with the Court’s request and will once
again provide plaintiff with a court-form on which he should place his claims.
All of plaintiff’s claims should be clearly set forth in the area of the court-form marked
“Statement of Claim.” If plaintiff needs more room to include his claims, he should attach
additional sheets to his court-form. Plaintiff should state how each and every defendant is
directly responsible for the alleged harm, and he should separate each defendants purported acts
from one another so that it will be easier for the Court to review.
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.
Plaintiff is once again warned that the filing of an amended complaint replaces the
original complaint and all previously-filed pleadings and supplements and any
correspondence in this case. See, e.g., In re Wireless Telephone Federal Cost Recovery Fees
Litigation, 396 F.3d 922, 928 (8th Cir. 2005). If plaintiff fails to file an amended complaint on
the Court form within thirty (30) 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 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 the 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.

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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 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 24th day of May, 2017.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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