Holcomb v. Eastern Reception, Diagnostic & Correctional Center

Filing 3

MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that the Clerk of the Court shall mail to plaintiff a copy of the Courts Prisoner Civil Rights Complaint form. IT IS FURTHER ORDERED that the Clerk of the Court shall mail to plaintiff a copy of the Cou rts Motion to Proceed in Forma Pauperis - Prisoner Cases form. IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on the Court-provided form within twenty-one (21) days of the date of this Order. Plaintiff is advised that his amen ded complaint will take the place of his original complaint and will be the only pleading that this Court will review. IT IS FURTHER ORDERED that plaintiff shall either pay the $400 filing fee or submit a motion to proceed in forma pauperis wit hin twenty-one (21) days of the date of this Order. 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 constitute a "strike" under 28 U.S.C. § 1915(g). (Response to Court due by 7/18/2018.). Signed by Magistrate Judge John M. Bodenhausen on 6/27/2018. (Attachments: # 1 Form, # 2 Form)(NEP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
HENRY HOLCOMB,
Plaintiff,
v.
EASTERN RECEPTION, DIAGNOSTIC,
& CORRECTIONAL CENTER,
Defendant.

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No. 4:18-cv-00987-JMB

MEMORANDUM AND ORDER
This matter is before the Court on review of plaintiff’s pro se complaint. The complaint is
defective because it has not been drafted on a Court-provided form. See E.D. Mo. L.R. 45 2.06(A) (“All actions brought by pro se plaintiffs or petitioners should be filed on Courtprovided forms…If an action is not filed on a Court-provided form, the Court…may order the
pro se plaintiff or petitioner to file the action on a Court-provided form”). Moreover, plaintiff has
neither paid the filing fee nor submitted a motion to proceed in forma pauperis along with a
financial affidavit. See 28 U.S.C. § 1915(a).
Accordingly,
IT IS HEREBY ORDERED that the Clerk of the Court shall mail to plaintiff a copy of
the Court’s Prisoner Civil Rights Complaint form.
IT IS FURTHER ORDERED that the Clerk of the Court shall mail to plaintiff a copy
of the Court’s Motion to Proceed in Forma Pauperis - Prisoner Cases form.
IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on the
Court-provided form within twenty-one (21) days of the date of this Order. Plaintiff is advised

that his amended complaint will take the place of his original complaint and will be the only
pleading that this Court will review.
IT IS FURTHER ORDERED that plaintiff shall 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 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 constitute a “strike” under 28 U.S.C. § 1915(g).

Dated this 27th day of June, 2018.

/s/ John M. Bodenhausen
JOHN M. BODENHAUSEN
UNITED STATES DISTRICT JUDGE

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