Watson v. Driskill et al

Filing 15

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs second motion for extension of time in which to file his amended complaint and pay the initial partial filing fee (Docket No. 14 ) is GRANTED IN PART.IT IS FURTHER ORDERED that plaintiff m ust pay an initial partial filing fee of $37.92 within forty-five (45) days of the date of this order. Plaintiff is instructed to make his remittance payable to Clerk, United States District Court, and to include upon it: (1) his name; (2) his p rison registration number; (3) this case number; and (4) the statement that the remittance is for an original proceeding. IT IS FURTHER ORDERED that if plaintiff is unable to pay the initial partial filing fee, he must provide the Court with an updat ed certified inmate account statement so that his initial partial filing fee can be recalculated pursuant to 28 U.S.C. § 1915(b)(1). IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on the Court-provided form, in accordance w ith the instructions set forth in the Courts order of August 27, 2018, within forty-five (45) days of the date of this order. IT IS FURTHER ORDERED that the Clerk of Court shall provide plaintiff with a copy of the Courts prisoner civil rights form.I T IS FURTHER ORDERED that the Clerk of Court shall provide plaintiff with a copy of his original complaint (Docket No. 1 ).IT IS FURTHER ORDERED that the Clerk of Court shall provide plaintiff with a copy of the Courts August 27, 2018 order (Docket No. 11 ). IT IS FURTHER ORDERED that plaintiffs failure to timely comply with this order will result in the dismissal of this case without prejudice and without further notice. IT IS FURTHER ORDERED that upon the filing of the amended complaint, the Court will review the amended complaint pursuant to 28 U.S.C. § 1915. (cc: plaintiff a copy of the prisoner civil rights form, complaint 1 , and order 11 ) ( Amended/Supplemental Pleadings due by 1/25/2019., Initial Partial Filing Fee due by 1/25/2019.). Signed by Magistrate Judge Nannette A. Baker on 12/11/2018. (AAS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
PIERRE WATSON,
Plaintiff,
v.
ZACHARY DRISKILL, et al.,
Defendants,

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4:18-cv-764 NAB

MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Pierre Watson’s second motion for
extension of time in which to file his amended complaint and pay the initial partial filing fee.
(Docket No. 14). Plaintiff is seeking an additional ninety-day extension to the previouslyimposed deadline. For the reasons discussed below, plaintiff’s motion for an extension will be
granted in part, and he will be given forty-five days from the date of this order in which to file an
amended complaint on the Court-provided form and pay the initial partial filing fee of $37.92.
Discussion
Plaintiff filed his complaint on May 16, 2018. (Docket No. 1). On July 16, 2018, plaintiff
filed a motion to amend by interlineation. (Docket No. 8). The Court issued a memorandum and
order on August 27, 2018, denying plaintiff’s motion to amend by interlineation, and directing
plaintiff to file an amended complaint on a Court-provided form within thirty days. (Docket No.
11). Plaintiff was also ordered to pay an initial partial filing fee of $37.92.
On September 19, 2018, plaintiff filed his first motion for an extension of time in which
to file his amended complaint and pay the initial partial filing fee. (Docket No. 12). Plaintiff
stated that he was in the Special Housing Unit awaiting transfer to a different prison, making it

difficult to file his amended complaint. He also noted that he did not have the funds to pay the
initial partial filing fee at that time. Due to these exigencies, plaintiff sought a ninety-day
extension. The Court granted this request on September 20, 2018. (Docket No. 13).
Plaintiff has now filed a second motion for an extension of time in which to file his
amended complaint and pay his initial partial filing fee. (Docket No. 14). Again, he requests
ninety days.
The Court will grant plaintiff’s motion for an extension. However, plaintiff has not
shown good cause for another ninety days in which to comply with the Court’s order. Plaintiff
states that he remains in the Special Housing Unit and that his transfer to a different institution
has twice been postponed. Nevertheless, plaintiff has not demonstrated that he has no access to
the law library, or to writing utensils, or that it is otherwise impossible for him to file his
amended complaint on the form that has been provided to him. Indeed, while in the Special
Housing Unit, plaintiff has been able to file motions with this Court. As such, plaintiff will be
given forty-five days from the date of this order in which to file his amended complaint on the
Court-provided form. Moreover, if plaintiff is unable to pay the initial partial filing fee, he must
provide an updated certified inmate account statement so that the initial partial filing fee can be
recalculated pursuant to 28 U.S.C. § 1915(b)(1). For plaintiff’s convenience, the Clerk of Court
will be directed to resend plaintiff a copy of the Court’s prisoner civil rights form, a copy of
plaintiff’s original complaint (Docket No. 1), and a copy of the Court’s order providing
instructions as to how to fill out his amended complaint (Docket No. 11).
Accordingly,

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IT IS HEREBY ORDERED that plaintiff’s second motion for extension of time in
which to file his amended complaint and pay the initial partial filing fee (Docket No. 14) is
GRANTED IN PART.
IT IS FURTHER ORDERED that plaintiff must pay an initial partial filing fee of
$37.92 within forty-five (45) days of the date of this order. Plaintiff is instructed to make his
remittance payable to “Clerk, United States District Court,” and to include upon it: (1) his name;
(2) his prison registration number; (3) this case number; and (4) the statement that the remittance
is for an original proceeding.
IT IS FURTHER ORDERED that if plaintiff is unable to pay the initial partial filing
fee, he must provide the Court with an updated certified inmate account statement so that his
initial partial filing fee can be recalculated pursuant to 28 U.S.C. § 1915(b)(1).
IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on the
Court-provided form, in accordance with the instructions set forth in the Court’s order of
August 27, 2018, within forty-five (45) days of the date of this order.
IT IS FURTHER ORDERED that the Clerk of Court shall provide plaintiff with a copy
of the Court’s prisoner civil rights form.
IT IS FURTHER ORDERED that the Clerk of Court shall provide plaintiff with a copy
of his original complaint (Docket No. 1).
IT IS FURTHER ORDERED that the Clerk of Court shall provide plaintiff with a copy
of the Court’s August 27, 2018 order (Docket No. 11).
IT IS FURTHER ORDERED that plaintiff’s failure to timely comply with this order
will result in the dismissal of this case without prejudice and without further notice.

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IT IS FURTHER ORDERED that upon the filing of the amended complaint, the Court
will review the amended complaint pursuant to 28 U.S.C. § 1915.

Dated this 11th day of December, 2018.

/s/ Nannette A. Baker
NANNETTE A. BAKER
UNITED STATES MAGISTRATE JUDGE

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