Washington v. McDonuogh

Full title: EDWIN F. WASHINGTON, Plaintiff, v. JAMES McDONUOGH, Defendant

Court: United States District Court, N.D. Florida, Panama City Division

Date published: Feb 20, 2008

Case No.: 5:08cv38/SPM/EMT (N.D. Fla. Feb. 20, 2008)

Opinion

Case No.: 5:08cv38/SPM/EMT.

February 20, 2008

ORDER

ELIZABETH TIMOTHY, Magistrate Judge

Plaintiff, a Florida inmate proceeding pro se, has filed a civil rights complaint (Doc. 1). Initially, the court notes that Plaintiff has neither paid the filing fee nor submitted a motion to proceed in forma pauperis. Before this matter may proceed, Plaintiff must either pay the fee or obtain leave to proceed in forma pauperis by filing a fully and properly completed application and attachments.

Additionally, Plaintiff failed to use the court-approved form for filing his complaint. Local Rule 5.1(J) for the Northern District of Florida states that the court will not accept for consideration a civil action commenced by pro se litigants under 42 U.S.C. § 1983 unless the appropriate complaint form has been properly completed, signed, and filed by the litigant. Thus, Plaintiff must file his complaint on the form for use in section 1983 cases, even if he wishes to attach separate pages explaining the facts that underlie the complaint.

Plaintiff is advised that the amended complaint must contain all of Plaintiff's allegations, and it should not in any way refer to the original complaint. Once an amended complaint is filed, all earlier complaints are disregarded. Local Rule 15.1, Northern District of Florida.

Accordingly, it is ORDERED:

1. The clerk is directed to send to Plaintiff an application to proceed in forma pauperis as well as a civil complaint form for use by prisoners in section 1983 cases. This case number shall be written on the forms.

2. Within THIRTY (30) DAYS from the date of docketing of this order, Plaintiff shall either pay the filing fee of $350.00 or submit a fully completed application to proceed in forma pauperis. Additionally, Plaintiff shall file an amended civil rights complaint, which shall be typed or clearly written, submitted on the court form, and marked "Amended Complaint."

3. Plaintiff's failure to comply with this order may result in a recommendation that this case be dismissed for failure to comply with an order of the court.

DONE AND ORDERED.