Rice v. U.S. Bank N.A. et al

Filing 4

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's motion for leave to proceed in forma pauperis Doc. 2 is GRANTED. IT IS FURTHER ORDERED that Plaintiff's motion for appointment of counsel Doc. 3 is DENIED at this time. IT IS FURTHER ORDERED that the Clerk of Court shall send to Plaintiff a copy of the Court's civil complaint form. IT IS FURTHER ORDERED that Plaintiff shall file an amended complaint on the Court-provided form within thirty (30) days of the date o f this order, in accordance with the instructions set forth above. IT IS FURTHER ORDERED that if Plaintiff does not file an amended complaint on the Court-provided form within thirty (30) days of the date of this order, in accordance with the inst ructions set forth above, this case will be dismissed without prejudice and without further notice. IT IS FURTHER ORDERED that upon receipt of Plaintiff's amended complaint, the Court will review it pursuant to 28 U.S.C. § 1915. Signed by District Judge Matthew T. Schelp on June 4, 2021. (Attachments: # 1 Civil Complaint Form)(BRP)

UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF MISSOURI
DIVISION

(Write the full name of each plaintiff
who is filing this complaint. If the
names of all the plaintiffs cannot fit in
the space above, please write “see
attached” in the space and attach an
additional page with the full list of
names.)
v.

(Write the full name of each defendant.
The caption must include the names of
all of the parties. Fed. R. Civ. P. 10(a).
Merely listing one party and writing “et
al.” is insufficient. Attach additional
sheets if necessary.)

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Clear Form

Complaint for a Civil Case

Case No.
(to be assigned by Clerk of
District Court)
Plaintiff requests trial by jury:
Yes

No

CIVIL COMPLAINT
NOTICE:
Federal Rule of Civil Procedure 5.2 addresses the privacy and security concerns resulting from
public access to electronic court files. Under this rule, papers filed with the court should not
contain: an individual’s full social security number or full birth date, the full name of a person
known to be a minor, or a complete financial account number. A filing may include only: the last
four digits of a social security number, the year of an individual’s birth, a minor’s initials, and the
last four digits of a financial account number.
Except as noted in this form, plaintiff need not send exhibits, affidavits, grievance or witness
statements, or any other materials to the Clerk’s Office with this complaint.
In order for your complaint to be filed, it must be accompanied by the filing fee or an
application to proceed without prepaying fees or costs.

I.

The Parties to This Complaint
A.

The Plaintiff(s)

Provide the information below for each plaintiff named in the complaint. Attach
additional pages if needed.
Name
Street Address
City and County
State and Zip Code
Telephone Number
E-mail Address

B.

The Defendant(s)

Provide the information below for each defendant named in the complaint, whether the
defendant is an individual, a government agency, an organization, or a corporation. For
an individual defendant, include the person’s job or title (if known). Attach additional
pages if needed.

Defendant No. 1
Name
Job or Title
Street Address
City and County
State and Zip Code
Telephone Number
E-mail Address
(If more than one defendant is named in the complaint, attach an additional
page providing the same information for each additional defendant. If you are
suing for violation of your civil rights, you must state whether you are suing
each defendant in an official capacity, individual capacity, or both.)

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II.

Basis for Jurisdiction
Federal courts are courts of limited jurisdiction (limited power). Generally, only three
types of cases can be heard in federal court. Provide the information for this case.
(Include all information that applies to your case)
A.

Federal question

List the specific federal statutes, federal treaties, and/or provisions of the United States
Constitution that are at issue in this case.

B.

Suit against the Federal Government, a federal official, or federal agency

List the federal officials or federal agencies involved, if any.

C.

Diversity of Citizenship

These are cases in which a citizen of one State sues a citizen of another State or nation,
and the amount at stake is more than $75,000. In a diversity of citizenship case, no
defendant may be a citizen of the same State as any plaintiff.
1.

The Plaintiff(s)
The plaintiff, (name)
State of (name)

, is a citizen of the
.

(If more than one plaintiff is named in the complaint, attach an additional
page providing the same information for each additional plaintiff.)

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2.

The Defendant(s)

If the defendant is an individual
The defendant, (name)

, is a citizen

of the State of (name)

Or is a citizen

of (foreign nation)

.

If the defendant is a corporation
The defendant, (name)

.

is incorporated under the laws of the State of (name)
, and has its principal place of
business in the State of (name)

Or

is incorporated under the laws of the State of (foreign nation)
, and has its principal place
of business in (name)

.

(If more than one defendant is named in the complaint, attach an
additional page providing the same information for each additional
defendant.)
3.

The Amount in Controversy

The amount in controversy----the amount the plaintiff(s) claims the defendant(s)
owes or the amount at stake----is more than $75,000, not counting interest and
costs of court, because (explain):

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III.

Statement of Claim

Type, or neatly print, a short and plain statement of the FACTS that support your claim(s). For
every defendant you have named in this complaint, you must state what he or she personally did
to harm you. If more than one claim is asserted, number each claim and write a short and plain
statement of each claim in a separate paragraph. Do not make legal arguments, or cite court
cases or statutes. You may attach additional pages if necessary.
Your statement of claim must include all of the following information:
1.
2.
3.
4.
5.

IV.

What happened to you?
When did it happen?
Where did it happen?
What injuries did you suffer?
What did each defendant personally do, or fail to do, to harm you?

Relief
State briefly and precisely what damages or other relief you want from the Court. Do
not make legal arguments.

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Do you claim the wrongs alleged in your complaint are continuing to occur now?
No

Yes

Do you claim actual damages for the acts alleged in your complaint?
No

Yes

Do you claim punitive monetary damages?
No

Yes

If you indicated that you claim actual damages or punitive monetary damages, state the
amounts claimed and the reasons you claim you are entitled to recover these damages.

V.

Certification and Closing
Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my
knowledge, information, and belief that this complaint: (1) is not being presented for an
improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the
cost of litigation; (2) is supported by existing law or by a nonfrivolous argument for
extending, modifying, or reversing existing law; (3) the factual contentions have
evidentiary support or, if specifically so identified, will likely have evidentiary support
after a reasonable opportunity for further investigation or discovery; and (4) the
complaint otherwise complies with the requirements of Rule 11.
I agree to provide the Clerk’s Office with any changes to my address where case-related
papers may be served. I understand that my failure to keep a current address on file with
the Clerk’s Office may result in the dismissal of my case.

I declare under penalty of perjury that the foregoing is true and correct.

Signed this ________ day of ____________________, 20 _____.

Signature of Plaintiff(s) __________________________________
__________________________________
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