United States District Court, E.D. Missouri, Southeastern Division
HOSEA L. ROBINSON, Plaintiff,
STATE OF MISSOURI, et al., Defendants.
MEMORANDUM AND ORDER
SHIRLEY PADMORE MENSAH UNITED STATES MAGISTRATE JUDGE.
matter is before the Court upon plaintiff's motion to
proceed in forma pauperis. Having reviewed the record, the
Court will grant plaintiff's motion to proceed in forma
pauperis and will instruct the agency having control over
plaintiff to pay his filing fee in accordance with 28 U.S.C.
§ 1915(b)(2). However, the complaint is defective
because, among other things, it was not drafted on the court
form. See E.D. Mo. Local Rule 2.06(A). Because the plaintiff
is proceeding pro se, the Court will give him an opportunity
to submit an amended complaint based on the Court's
instructions. Plaintiff's failure to comply with this
Order will result in dismissal of this action, without
filed his pro se complaint titled “Plaintiff's
Motion for the Injunctive Relief of the Immediate Dismissal
of All Criminal Charges With Prejudice for the Above Named
Defendants; Intentionally Violation And Discrimination of
Time Equal Protection Clause of the 14th
Amendments and My 6th and 14th
Amendments of Due Process of a Fair and Unprejudiced Speedy
Trial by Public Jury.”
complaint, plaintiff asserts that his rights have been
violated under the “ADA” (the Americans with
Disabilities Act) and the “ADAAA” (the Americans
with Disabilities Act Amendments Act). He named as defendants
the State of Missouri, the Department of Corrections and
Corizon Health Care Services.
complaint makes sweeping allegations of constitutional
violations, however, it provides no factual support for his
assertions. Moreover, it fails to explain how any particular
individual was personally responsible for violating his
rights, thereby making it difficult for the Court to review
his assertions under 28 U.S.C. § 1915. Also,
plaintiff's complaint is defective because it is not
filed on a court form. Because plaintiff is proceeding pro
se, the Court will allow him to file an amended complaint on
a court-provided form.
has twenty-one (21) days from the date of
this Order to file an amended complaint in accordance with
the specific instructions set forth here, or he will face
dismissal of his action, without prejudice. All claims in the
action must be included in one, centralized complaint form.
See Fed. R. Civ. P. 7(a)(1), 8(a). Plaintiff is
required to submit his amended complaint on a court-provided
form, and it must comply with Rules 8 and 10 of the Federal
Rules of Civil Procedure. Rule 8(a) requires that a complaint
contain a short and plain statement of the claim showing that
the pleader is entitled to relief and a demand for the relief
sought. And Rule 10(b) requires that a party must state its
claims or defenses in separately numbered paragraphs, each
limited as far as practicable to a single set of
Court notes that many of the claims raised in plaintiff's
complaint complaint appear to be the same claims raised in
previously-filed suits before this Court. See Robinson v.
State of Mo., No. 1:18-cv-297 NCC (filed Dec. 17, 2018;
dismissed Apr. 23, 2019); Robinson v. St. Louis
City, No. 4:18-cv-1853-HEA (filed Oct. 24, 2018;
still pending); Robinson v. State of Mo., No.
4:18-cv-1225-JAR (dismissed Oct. 24, 2018; appeal dismissed
Jan. 31, 2019); Robinson v. State of Mo., No.
4:18-cv-114-RLW (dismissed Jan. 29, 2018); Robinson v.
Payne; No. 4:18-cv-1224-CDP (dismissed Oct. 29, 2018);
Robinson v. Glass; No. 4:17-cv-1628-PLC (dismissed
Sept. 28, 2017; appeal dismissed Jan. 19, 2018).
plaintiff is warned that he may not proceed in forma pauperis
more than once on the same claims. Cooper v. Delo,
997 F.2d 376, 377 (8th Cir. 1993) (§ 1915(e) dismissal
has res judicata effect on future IFP petitions). Also, the
Court may dismiss a duplicative complaint that raises issues
that are directly related to issues in another pending action
brought by the same party. Aziz v. Burrows, 976 F.2d
1158 (8th Cir. 1992). Plaintiff's amended complaint
should be clear on how the claims raised in this matter
differ from claims already considered by the Court, and from
claims pending in other suits before the Court.
filing of an amended complaint replaces the original
complaint and all previously-filed supplements, so plaintiff
must include each and every one of the claims he wishes to
pursue in the second 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.
The allegations in the complaint may not be conclusory.
Instead, plaintiff must plead facts that show how each and
every defendant he names is personally involved in or
directly responsible for the alleged harm.
“Caption” section of the amended complaint,
plaintiff must state the first and last name, to the extent
he knows it, of each defendant he wishes to sue. Plaintiff
should also indicate whether he intends to sue each defendant
in his or her individual capacity, official capacity, or
“Statement of Claim” section, in separate,
numbered paragraphs plaintiff should set forth the specific
factual allegations supporting his claim or claims against
each defendant, as well as the constitutional right or rights
that defendant violated. Alternatively, plaintiff may choose
a single defendant and set forth as many claims as he has
against that defendant. See Fed. R. Civ. P. 18(a).
If plaintiff is suing more than one defendant, he should
proceed in the same manner with each one, separately writing
each individual defendant's name and, under that name, in
numbered paragraphs, the allegations specific to that
particular defendant and the right(s) that defendant
violated. Plaintiff's failure to make specific and
actionable allegations against any defendant will result in
that defendant's dismissal from this case.
plaintiff fails to file an amended complaint on the
Court's form within twenty-one (21) days and in
compliance with the Court's instructions, the Court will
dismiss this action without prejudice and without further
notice. After the filing of plaintiff's amended
complaint, the Court will review the amended complaint
pursuant to 28 U.S.C. § 1915 for frivolousness,
maliciousness and/or failure to state a claim. A ...