United States District Court, E.D. Missouri, Eastern Division
MICHAEL D. MASEK, Plaintiff,
ANTONIA CHASTAIN, et al., Defendants.
MEMORANDUM AND ORDER
CHARLES A. SHAW, UNITED STATES DISTRICT JUDGE
matter is before the Court on review of the file following
transfer to the undersigned Judge.
pro se, filed his original complaint on February 10, 2017.
The Court summarized the allegations of the complaint in its
Memorandum and Order dated March 7, 2017. See Doc.
8. That Memorandum and Order, signed by Judge Catherine D.
Perry, dismissed without prejudice the following defendants:
Blake Schneider, Lisa Ellis, Felix Vincenz, and Praveen
Nimmagadda. The only remaining defendant in the case is
defendant Antonia Chastain, who has been sued in her
individual capacity, for denial of telephone calls and of
religious materials under the First and Fourteenth
the issuance of the March 7, 2017 Memorandum and Order,
plaintiff has filed two supplements to his original complaint
(Docs. 13 and 14) and two letters to the Court (Docs. 17 and
18). In his first supplement to the complaint, filed March
13, 2017, plaintiff attempts to bring a new claim for denial
of medical care against additional defendants. Plaintiff also
states that he will be drafting another complaint “at a
later date.” On March 23, 2017, plaintiff filed another
supplement to his complaint, in which he alleges additional
denials of medical care by the staff at Southeast Missouri
Mental Health Center.
April 6, 2017, the Clerk of Court received two additional
letters from plaintiff questioning why Judge Perry had signed
the Memorandum and Order of March 7, 2017, and alleging bias
against the Court.
Attorney General of Missouri entered its appearance on behalf
of defendant Antonia Chastain on March 24, 2017. Defendant
has not filed her answer, and the time for doing so has not
Court does not permit pleadings to be amended by
interlineation or piecemeal, because such amendments tend to
cause confusion for the Court and other parties. Since the
filing of his initial complaint, plaintiff has tried to
advance additional claims against additional defendants bit
by bit, through letters to the Clerk, which have been
docketed as supplements to the complaint. The Court will
disregard plaintiff's supplements to his complaints:
Docs. 13, 14, 17, and 18. The operative complaint was filed
February 10, 2017. Pursuant to the Memorandum and Order
issued on March 7, 2017, all plaintiff's claims in the
operative complaint have been dismissed except those brought
against defendant Antonia Chastain in her individual
plaintiff is proceeding pro se, the Court will allow
plaintiff to file an amended complaint on a Court form.
Plaintiff shall have thirty days from the date of this Order
to file an amended complaint in accordance with the specific
instructions set forth herein. All claims in an action must
be included in one, centralized complaint form, as neither
the court nor defendant wishes to search through supplemental
and prior pleadings in order to piece together
plaintiff's claims. As such, plaintiff is warned that the
filing of an amended complaint replaces the original
complaint and all previously-filed pleadings, and so he must
include each and every one of the claims he wishes to pursue
in the amended complaint. See, e.g., In re Wireless
Telephone Federal Cost Recovery Fees Litigation, 396
F.3d 922, 928 (8th Cir. 2005). Any claims from the original
complaint, supplements, and/or pleadings that are not
included in the amended complaint will be deemed abandoned
and will not be considered. Id. If plaintiff wishes
to sue a defendant in their individual capacity, plaintiff
must specifically say so in the amended complaint. If
plaintiff fails to sue a defendant in their individual
capacity, this action may be subject to dismissal. All of
plaintiff's claims should be clearly set forth in the
“Statement of Claim.” Plaintiff shall not attempt
to replead the claims that the Court has previously dismissed
against defendants Schneider, Ellis, Vincenz, or Nimmagadda.
plaintiff fails to file an amended complaint on a Court form
within thirty days in accordance with the Court's
instructions, this case will proceed on the original
complaint against defendant Antonia Chastain for denial of
telephone calls and of religious materials under the First
and Fourteenth Amendments.
HEREBY ORDERED that plaintiff shall have thirty days from the
date of this Order to file an amended complaint on a Court
form in accordance with the specific instructions set forth
FURTHER ORDERED that the Clerk of Court shall forward to
plaintiff a Court form for a Civil Rights Complaint Under 42
U.S.C. § 1983.
FURTHER ORDERED that if plaintiff fails to file an amended
complaint on a Court form within thirty days in accordance
with the Court's instructions, the case will proceed only
on the original complaint against defendant Antonia Chastain
for denial of ...