Opinion
3:24-cv-00081-JM-ERE
06-11-2024
CURTIS MORRIS PLAINTIFF v. JACOB WHITE and J.B. HOYER DEFENDANTS
ORDER
On May 14, 2024, pro se plaintiff Curtis Morris filed a motion for preliminary injunction and temporary restraining order (Doc. 2), but he did not file a complaint properly commencing this lawsuit. See FED. R. CIV. P. 3 (“A civil action is commenced by filing a complaint with the court”). Accordingly, on May 15, 2024, the Court provided Mr. Morris thirty days to file a complaint. Doc. 4. Mr. Morris has now filed a complaint, docketed as an amended complaint. Doc. 5. Although Mr. Morris has stated valid constitutional claims in his complaint, Mr. Morris did not sign his complaint as required by this Court's Local Rules. See Local Rule 5.5(c) (2) (“A party appearing for himself/herself [pro se] shall sign his/her pleadings . . .”).
The Clerk is instructed to change the title of this docket entry ( Doc. 5 ) to Mr. Morris' Complaint, rather than his Amended Complaint.
IT IS THEREFORE ORDERED THAT:
1. Mr. Morris must file a signed amended complaint within thirty (30) days of the entry of this Order.
Mr. Morris is reminded that an amended complaint, if filed, will supersede or replace the current complaint. see In re Atlas Lines, Inc., 209 F.3d 1064, 1067 (8th Cir. 2000) (an amended complaint supersedes an original complaint and renders the original complaint without legal effect). so, Mr. Morris should make sure that his amended complaint includes all allegations relevant to the claim(s) he wants to pursue in this lawsuit.
2. If Mr. Morris fails to file an amended complaint, this case may be dismissed.
3. The Clerk is instructed to provide Mr. Morris a blank 42 U.S.C. § 1983 complaint form, along with a copy of this Order.
SO ORDERED