Lothridge v. St. Louis City Police Department
Filing
3
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 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 Courts form within twenty-one (21) days of the date of this Order.IT IS FURTHER ORDERED that plaintiff must either pay the $400 filin g fee or submit a motion to proceed in forma pauperis within twenty-one (21) 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). Response to Court due by 8/14/2018. Signed by Magistrate Judge Nannette A. Baker on 7/24/18. CC: Forms mailed.(CLA)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
FELIPE LOTHRIDGE,
Plaintiff,
v.
ST. LOUIS POLICE DEPARTMENT,
Defendant.
)
)
)
)
)
)
)
)
)
No. 4:18-CV-430 NAB
MEMORANDUM AND ORDER
This matter is before the Court upon review of plaintiff’s letter to the Court, which the
Court construes as a pro se complaint for violations of civil rights under 42 U.S.C. § 1983. 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 twenty-one 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 Tele.
Fed. Cost Recovery Fees Litig., 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 twenty-one 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 twenty-one (21) 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 twenty-one (21) 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.
-2-
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 July, 2018.
/s/ Nannette A. Baker
NANNETTE A. BAKER
UNITED STATES MAGISTRATE JUDGE
-3-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?