United States District Court, E.D. Missouri, Northern Division
JOHN K. HOUSTON, Plaintiff,
KEVIN SHOEMAKER, et al., Defendants.
MEMORANDUM AND ORDER
CATHERINE D. PERRY, UNITED STATES DISTRICT JUDGE
matter is before the Court upon review of the file.
Plaintiff, proceeding pro se and in forma pauperis, brings
this civil action alleging violation of his Eighth and
Fourteenth Amendment rights based upon different unrelated
events occurring at different times during his incarceration
at the Macon County Jail in Macon County, Missouri in 2014.
original complaint, plaintiff set forth numerous allegations
against numerous defendants based upon unrelated events that
occurred at different times. The Court noted that plaintiff
had failed to assert specific allegations and claims against
all of the named defendants, and failed to identify all but
two of the defendants as state actors. The Court also noted
that plaintiff appeared to be bringing multiple claims that
did not arise from the same transaction or occurrence against
multiple parties, a practice that is forbidden. The Court
ordered plaintiff to submit an amended complaint,
specifically instructing him to include facts and allegations
related only to the transaction or occurrence he selected,
Fed.R.Civ.P. 20(a)(2), or alternately, name a single
defendant and set forth as many claims as he had against that
defendant. Fed.R.Civ.P. 18(a).
submitted an amended complaint, naming as defendants Kevin
Shoemaker and Alan Wyatt. The amended complaint contains the
same defects of the first. In addition, plaintiff failed to
sign the amended complaint. Some of the allegations therein
are as follows. On September 4, 2014, defendants denied
plaintiff medical treatment and medicine, causing him to fall
down the stairs and injure his back and neck. From August
2014 through October, 2014, defendants “in their
official capacities” violated his Constitutional rights when
they failed to provide handicap access for plaintiff to
travel the stairs. From August 2014 through October 2014
defendants violated plaintiff's Eighth Amendment rights
when they made him share intravenous needles with other
inmates. Defendants failed to properly supervise their
employees in terms of providing proper medical care, and
also, along with “their employees agents and
representatives, ” violated his rights on September 24,
2014 when they took him to the hospital for testing.
Defendants refused plaintiff medical treatment, and they
failed to supervise employees generally causing plaintiff to
suffer falls. Defendant Shoemaker along with the head
administrator of the Macon County Jail violated
plaintiff's Eighth and Fourteenth Amendment rights by
failing to properly supervise employees and agents of the
Macon County Jail in the medical treatment and conditions of
the facility. The amended complaint continues in this manner,
alleging violations of his constitutional rights stemming
from different transactions and/or occurrences and involving
the defendants acting together, individually, and in concert
with other unnamed/unidentified individuals.
plaintiff is proceeding pro se, he will be given the
opportunity to submit an amended pleading. Plaintiff is
instructed to select the transaction or occurrence that he
wishes to pursue, in accordance with Rules 18 and 20 of the
Federal Rules of Civil Procedure, and file a second amended
complaint limiting his facts and allegations to the
defendant(s) involved in that transaction or occurrence. In
the alternative, plaintiff may select a single defendant and
allege all of the claims he has against such defendant. All
claims in this action must be included in one, centralized
complaint form, as neither the Court nor defendants wish to
search through supplemental and prior pleadings in order to
piece together plaintiff's claims. Plaintiff must not
attach exhibits to the second amended complaint. Plaintiff is
reminded that he must sign the second amended complaint.
E.D.Mo. L.R. 2.01. If plaintiff wishes to sue any defendant
in his or her individual capacity, he must specifically say
so in the second amended complaint.
is reminded that he is required to submit his second amended
complaint on a court-provided form, and it must comply with
Rules 8 and 10 of the Federal Rules of Civil Procedure.
Specifically, in the "Caption" of the form
complaint, plaintiff shall set forth the name of each
defendant he wishes to sue; and in the "Statement of
Claim, " plaintiff shall start by typing or legibly
printing the first defendant's name and title, and under
the name and title, he shall set forth in separate numbered
paragraphs the allegations supporting his claim(s) as to that
particular defendant, as well as the right(s) that he claims
that particular defendant violated. If plaintiff is suing
more than one defendant, he shall proceed in this manner with
each of the named defendants, separately setting forth each
individual name and under that name, in numbered paragraphs,
the allegations specific to that particular defendant and the
right(s) that he claims that particular defendant violated.
It is improper for plaintiff to name multiple defendants and
generally allege that they violated his constitutional
rights. Rather, he must set forth his claims, separately and
in numbered paragraphs, as to each named defendant, the
specific allegations relative to that particular defendant,
as well as the right(s) allegedly violated.
the second amended complaint must contain short and plain
statements showing that plaintiff is entitled to relief, the
allegations must be simple, concise, and direct, and the
numbered paragraphs must each be limited to a single set of
circumstances related to the transaction or occurrence of
which plaintiff is complaining. If plaintiff needs more
space, he may attach additional sheets of paper to the second
amended complaint and identify them as part of the
"Caption" or "Statement of Claim."
Because the Court is allowing plaintiff to amend his
complaint, it will take no action as to the named defendants
at this time.
plaintiff wishes to pursue additional claims against
additional defendants, and the claims do not arise from the
same transaction or occurrence he has chosen to advance in
his second amended complaint, he must file each separate
claim(s) on a separate complaint form in a separate civil
action, and either pay the statutory filing fee or
file a motion for leave to proceed in forma pauperis in such
separate civil action.
IT IS HEREBY ORDERED that plaintiff shall submit a second
amended complaint, in accordance with the instructions set
forth in this Memorandum and Order, no later than twenty-one
(21) days from the date of this Memorandum and Order.
FURTHER ORDERED that the Court shall mail to plaintiff three
(3) blank forms for the filing of a prisoner civil rights
complaint. Plaintiff may request additional forms from the
Clerk, as needed.
FURTHER ORDERED that if plaintiff fails to timely comply with
this Memorandum and Order, the Court will dismiss this
action, without prejudice and without further notice.
 Rule 18(a) of the Federal Rules of
Civil Procedure states: AA party asserting a claim to relief
as an original claim, counterclaim, cross-claim, or
third-party claim, may join, either as independent or as
alternate claims, as many claims, legal, equitable, or