Lundgren v. Kuttemperoor

Filing 8

ORDER signed by Magistrate Judge Nancy Joseph on 3/10/2014. Plaintiff has until 3/24/14 to file an amended complaint or her case may be dismissed. (cc: all counsel, mailed to plaintiff with "Answers to Pro Se Litigants' Common Questions" )(djd)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
CHRISTINE MARTHA LUNDGREN,
Plaintiff,
v.
Case No. 14-CV-62
GEETA KUTTEMPEROOR,
Defendant.
ORDER
On January 17, 2014, the plaintiff, Christine Martha Lundgren (“Lundgren”) filed a
complaint against defendant, Geeta Kuttemperoor (“Kuttemperoor”). (Docket # 1.) Along with her
complaint, she filed a motion to proceed in forma pauperis. On February 11, 2014, I issued an order
denying her motion to proceed in forma pauperis, and I also found that her complaint as originally
submitted was deficient. She was given until March 13, 2014 to pay the filing fee and file an
amended complaint.
On March 7, 2014, Lundgren paid the filing fee and filed a document entitled “Amended
Complaint,” which is written in the form of a letter addressed to myself. This submission does not
satisfy the requirements of a complaint. “The purpose of a complaint is to put the defendant on
notice of the claim that is being asserted against him, her, or it . . . .” Dominguez v. Hendley, 545 F.3d
585, 590 (7th Cir. 2008). As I instructed Lundgren in the order denying her motion to proceed in
forma pauperis and granting her leave to file an amended complaint, she must make clear who she is
suing and what laws she is proceeding under. I will grant her leave to file a second amended
complaint, which must comply with this order. In addition, I will direct the Clerk of Court’s office

to provide Lundgren with a copy of “Answers to Pro Se Litigants’ Common Questions.” This also
contains resources for retaining an attorney.
I will grant Lundgren fourteen (14) days to file an amended complaint. In addition to
complying with the above requirements, the amended complaint must bear the docket number
assigned to this case (14-CV-62) and must be labeled “Amended Complaint.” She must also put her
complaint in proper pleadings format. The plaintiff is advised that the amended complaint replaces
the prior complaints, and the amended complaint must be complete in itself, without reference to
the prior complaint. Therefore, matters not set forth in the amended complaint are, in effect,
withdrawn. Duda v. Board of Educ. Of Franklin Park Public School Dist. No. 84, 133 F.3d 1054, 1057 (7th
Cir. 1998). Should the plaintiff fail to file an amended complaint within fourteen (14) days, or if her
amended complaint fails to cure the deficiencies outlined above, I will dismiss this action with
prejudice.

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ORDER
NOW, THEREFORE, IT IS ORDERED that the plaintiff shall have until March 24, 2014,
to file an amended complaint that complies with this Order. The plaintiff is advised that is she does
not file an amended complaint by March 24, 2014, or if her amended complaint fails to cure the
deficiencies outlined above, this case will be dismissed.
IT IS ALSO ORDERED that the Clerk of Court’s office provide the plaintiff with a copy of
“Answers to Pro Se Litigants’ Common Questions.”
Dated at Milwaukee, Wisconsin this 10th day of March, 2014.
BY THE COURT
s/Nancy Joseph
NANCY JOSEPH
United States Magistrate Judge

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