Opinion
No. 4:18-cv-00987-JMB
06-27-2018
HENRY HOLCOMB, Plaintiff, v. EASTERN RECEPTION, DIAGNOSTIC, & CORRECTIONAL CENTER, Defendant.
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 Court-provided 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