Lawshea v. Sachse et al

Filing 2

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 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. 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 no n- 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 06/22/2017. (Attachments: # 1 In Forma Pauperis Form for prisoners, # 2 Civil Rights Complaint Form)(KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
FRANK LA WSHEA,

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Plaintiff,
V.

JENNIFER SACHSE,
Defendants.

No. 4:17-CV-1771 RLW

MEMORANDUM AND ORDER
This matter is before the Court upon review of plaintiffs pro se complaint. 1 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 either pay the filing fee or file a motion to proceed in
forma pauperis. 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)(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).

1

Plaintiff titled his action "Habeas Corpus Prison Conditions Administrative Segregation."
Because his complaint relates to allegations of deprivation relating to his conditions of
confinement, the action is more properly brought pursuant to 42 U.S.C. § 1983. Plaintiff will be
required to amend his complaint on a court-provided prisoner complaint form for filing actions
under § 1983.

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. 2
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 (30) days m
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.

2

Plaintiff should also clearly state in his amended complaint the specific individuals who he
believes have deprived him of his civil rights. "Liability under § 1983 requires a causal link to,
and direct responsibility for, the alleged deprivation of rights." Madewell v. Roberts, 909 F.2d
1203, 1208 (8th Cir. 1990); see also Martin v. Sargent, 780 F.2d 1334, 1338 (8th Cir. 1985)
(claim not cognizable under § 1983 where plaintiff fails to allege defendant was personally
involved in or directly responsible for incidents that injured plaintiff); Boyd v. Knox, 47 F.3d
966, 968 (8th Cir. 1995) (respondeat superior theory inapplicable in § 1983 suits).
2

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 wil~t count as a "strike" under 28 U.S .C. § 1915(g).
Dated

thi~ day of June, 2017.

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a!EL.WHITE
UNITED STATES DISTRICT JUDGE

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