Pace v. Bullock et al

Filing 3

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of Court shall mail to Plaintiff a copy of the Court's Prisoner Civil Rights Complaint form. IT IS FURTHER ORDERED that the Clerk of Court shall mail to Plaintiff a copy of the Court� 39;s "Application to Proceed in District Court without Prepaying Fees or Costs" form. IT IS FURTHER ORDERED that Plaintiff must file an amended complaint on the Court's Prisoner Civil Rights Complaint form no later than Thursday, M arch 21, 2024. IT IS FINALLY ORDERED that Plaintiff must either pay the $405 filing fee or file an application to proceed without prepaying fees and costs no later than Thursday, March 21, 2024. If Plaintiff fails to timely comply with this Or der, then the Court will dismiss this action without further notice. (Amended/Supplemental Pleadings due by 3/21/2024.) Signed by District Judge Matthew T. Schelp on 2/5/2024. (Attachments: # 1 Attachment Prisoner Civil Rights Complaint, # 2 Attachment Application to Proceed in District Court Without Prepaying Fees or Costs)(TMT)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION DAKOTA PACE, Plaintiff, v. DAN BULLOCK, et al., Defendants. ) ) ) ) ) ) ) ) ) No. 4:24-cv-00176-MTS MEMORANDUM AND ORDER This matter is before the Court on review of the file following the Court’s Memorandum and Order striking Plaintiff Dakota Pace from McSean v. Bullock and opening this new matter on Pace’s behalf. See McSean v. Bullock, 4:23-cv-01072-HEA, 2024 WL 379290, at *2 (E.D. Mo. Feb. 1, 2024) (disallowing pro se prisoners from proceeding jointly in one action). The Complaint transferred to this matter from McSean v. Bullock makes allegations that are specific to fellow prisoners Kelly McSean and Aaron Sebastian, who are no longer involved in this action. For this reason, and because the Complaint is not on the Court-provided form, the Court will order Plaintiff Dakota Pace to file an amended complaint on a Court-provided form. See E.D. Mo. L.R. 2.06(A). The Court warns Plaintiff that the filing of an amended complaint completely replaces the original complaint, which means the Court will not consider anything that Plaintiff fails to allege in the amended complaint. See In re Wireless Tel. Fed. Cost Recovery Fees Litig., 396 F.3d 922, 928 (8th Cir. 2005) (“It is well-established that an amended complaint supersedes an original complaint and renders the original complaint without legal effect.”). If Plaintiff does not file an amended complaint on the Courtprovided form within forty-five (45) days, the Court will dismiss this action without further notice to Plaintiff. Finally, Plaintiff has not paid the $405 filing fee and has not filed an application to proceed without prepaying fees or costs. Because Plaintiff is a prisoner, federal law requires him to pay the $405 filing fee in full, “with the only issue being whether the inmate pays the entire filing fee at the initiation of the proceeding or in installments over a period of time.” Ashley v. Dilworth, 147 F.3d 715, 716 (8th Cir. 1998) (per curiam); accord 28 U.S.C. § 1915(a)–(b). For that reason, Plaintiff must either pay the filing fee in full or file an application to proceed in the district court without prepaying fees and costs within fortyfive (45) days of the date of this Order. If Plaintiff seeks leave to proceed without prepaying the entire fee, then he must submit a certified copy of his inmate account statement (or institutional equivalent) for the 6-month period immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). If Plaintiff does not timely comply with this Order, then the Court will dismiss this action without further notice. Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall mail to Plaintiff a copy of the Court’s Prisoner Civil Rights Complaint form. IT IS FURTHER ORDERED that the Clerk of Court shall mail to Plaintiff a copy of the Court’s “Application to Proceed in District Court without Prepaying Fees or Costs” form. -2- IT IS FURTHER ORDERED that Plaintiff must file an amended complaint on the Court’s Prisoner Civil Rights Complaint form no later than Thursday, March 21, 2024. IT IS FINALLY ORDERED that Plaintiff must either pay the $405 filing fee or file an application to proceed without prepaying fees and costs no later than Thursday, March 21, 2024. If Plaintiff fails to timely comply with this Order, then the Court will dismiss this action without further notice. Dated this 5th day of February 2024. MATTHEW T. SCHELP UNITED STATES DISTRICT JUDGE -3-

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