Dudley v. Newbold et al

Filing 23

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that, within thirty (30) days of the date of this Order, Plaintiff shall file an amended complaint in accordance with the instructions set forth herein. IT IS FURTHER ORDERED that the Clerk of Court shall ma il to Plaintiff a blank Civil Complaint Form (Non-Prisoner). If plaintiff fails timely to file an amended complaint in compliance with this Order, the Court will dismiss this action without prejudice and without further notice. IT IS FURTHER ORDERED that Defendants' Motions to Dismiss (ECF Nos. 13 , 15 , 17 ) are DENIED without prejudice. Signed by District Judge Jean C. Hamilton on 1/10/2022. (KEK)

Case: 4:21-cv-01224-JCH Doc. #: 23 Filed: 01/10/22 Page: 1 of 3 PageID #: 174

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KELVIN DEWAN DUDLEY,
Plaintiff,
v.
MICHAEL NEWBOLD, et al.,
Defendants.

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No. 4:21CV1224 JCH

MEMORANDUM AND ORDER
This matter is before the Court upon its review of the file. Pro se Plaintiff Kelvin Dewan
Dudley initiated this action on October 13, 2021, by filing his Declaration of Status and Corporate
Fraud (hereinafter “Complaint”). (ECF No. 1). He named as Defendants Michael Newbold,
Barbara Hyster, Anthony Gray, Felicia Ezell Gillespie, Brent Bury, Sam Page, Diann L. Valenti,
and Wesley Bell. Plaintiff’s Complaint is sixty pages long, and includes, inter alia, sections
entitled Major Historical Facts, Positive and Negative Averments, and Vatican, Corporate, Bank
and Court Fraud. It does not contain clear allegations setting forth Plaintiff’s causes of action
against each named Defendant.
In order to clarify the record, the Court will direct the Clerk of Court to send Plaintiff a
blank form complaint, that he may utilize to file an amended complaint. Plaintiff is advised that
the amended complaint will replace the original complaint. See, e.g., In re Wireless Telephone
Federal Cost Recovery Fees Litigation, 396 F.3d 922, 928 (8th Cir. 2005). Plaintiff must submit
the amended complaint on the court-provided form, and he must comply with the Federal Rules
of Civil Procedure, including Rules 8 and 10. Rule 8 requires Plaintiff to set forth a short and plain
statement of each claim showing entitlement to relief, and it also requires that each averment be

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simple, concise, and direct. Rule 10 requires Plaintiff to state his claims in separately numbered
paragraphs, each limited as far as practicable to a single set of circumstances. Plaintiff must type,
or very neatly print, the amended complaint.
In the “Caption” section of the amended complaint, Plaintiff must state the first and last
name, to the extent he knows it, of the Defendant or Defendants he wants to sue. Plaintiff should
also indicate whether he intends to sue the Defendant in his or her individual capacity, official
capacity, or both. Plaintiff should avoid naming anyone as a Defendant unless that person is
directly related to his claims.
In the “Statement of Claim” section, Plaintiff should begin by writing the individual
Defendant’s name. In separate, numbered paragraphs under that name, Plaintiff should write the
specific facts supporting his claim or claims against that Defendant. If Plaintiff is suing more than
one Defendant, he should proceed in the same manner with each one, separately writing each
individual Defendant’s name and, under that name, in numbered paragraphs, the factual allegations
supporting his claim or claims against that Defendant. Plaintiff should only include claims that
arise out of the same transaction or occurrence, or simply put, claims that are related to each other.
See Fed. R. Civ. P. 20(a)(2). Alternatively, Plaintiff may choose a single defendant, and set forth
as many claims as he has against him or her. See Fed. R. Civ. P. 18(a). Plaintiff’s failure to make
specific factual allegations against any Defendant will result in that Defendant’s dismissal.
Accordingly,
IT IS HEREBY ORDERED that, within thirty (30) days of the date of this Order,
Plaintiff shall file an amended complaint in accordance with the instructions set forth herein.
IT IS FURTHER ORDERED that the Clerk of Court shall mail to Plaintiff a blank Civil
Complaint Form (Non-Prisoner).

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Case: 4:21-cv-01224-JCH Doc. #: 23 Filed: 01/10/22 Page: 3 of 3 PageID #: 176

If plaintiff fails timely to file an amended complaint in compliance with this Order,
the Court will dismiss this action without prejudice and without further notice.
IT IS FURTHER ORDERED that Defendants’ Motions to Dismiss (ECF Nos. 13, 15,
17) are DENIED without prejudice.

Dated this 10th Day of January, 2022.

/s/ Jean C. Hamilton
UNITED STATES DISTRICT JUDGE

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