United States District Court, E.D. Missouri, Eastern Division
ROBERT O. DINKINS, Plaintiff,
U.S. PENITENTIARY ATLANTA, Defendant.
MEMORANDUM AND ORDER
PATRICIA L. COHEN UNITED STATES MAGISTRATE JUDGE
matter is before the Court upon review of a document filed
pro se by plaintiff Robert O. Dinkins, a federal prisoner. It
appears plaintiff intends to file a civil rights complaint.
However, he neither paid the filing fee nor sought leave to
proceed in forma pauperis. He also failed to use a Court form
as required by E.D. Mo. Local Rule 2.06(A), and he failed to
sign the document as required by Rule 11 of the Federal Rules
of Civil Procedure.
Court will give plaintiff 30 days to file an amended
complaint on the proper form, and to either pay the $400
filing fee or file a motion for leave to proceed in forma
pauperis. Because the Court will require plaintiff to amend
his pleading, it is unnecessary to return the instant
document to him for his signature.
must type or neatly print the amended complaint on the
Court's prisoner civil rights complaint form, which will
be provided to him. See E.D. Mo. L.R. 2.06(A)
(“All actions brought by pro se plaintiffs or
petitioners should be filed on Court-provided forms”).
Plaintiff must comply with the Federal Rules of Civil
Procedure, including Rules 8 and 10. Rule 8 requires
plaintiff to set forth a short and plain statement of the
claim showing entitlement to relief, and it also requires
that each averment be simple, concise and direct. Rule 10
requires plaintiff to state his claims in separately numbered
paragraphs, each limited as far as practicable to a single
set of circumstances.
“Caption” section of the amended complaint,
plaintiff must state the first and last name, to the extent
he knows it, of each defendant he wants to sue. Plaintiff
should also indicate whether he intends to sue each defendant
in his or her individual capacity, official capacity, or
both. Plaintiff should avoid naming anyone as a
defendant unless that person is directly related to his
“Statement of Claim” section, plaintiff should
begin by writing the first defendant's name. In separate,
numbered paragraphs under that name, plaintiff should write
the specific factual allegations supporting his claim or
claims against that defendant. Plaintiff must also clearly
state where the events giving rise to his claims occurred.
plaintiff names more than one defendant, he should only
assert claims that arise from the same transaction or
occurrence, or simply put, claims that are related to each
other. See Fed. R. Civ. P. 20(a)(2). 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).
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 factual allegations supporting his
claim or claims against that defendant, including a clear
statement about where the relevant events occurred.
Plaintiff's failure to make specific factual allegations
against any defendant will result in that defendant's
IT IS HEREBY ORDERED that the Clerk is
directed to mail to plaintiff a copy of the Court's
prisoner civil rights complaint form.
IS FURTHER ORDERED that the Clerk is directed to
mail to plaintiff a copy of the motion to proceed in forma
pauperis form for prisoners.
IS FURTHER ORDERED that plaintiff must file an
amended complaint within thirty (30) days of the date of this
IS FURTHER ORDERED that plaintiff must either pay
the $400 filing fee or submit a motion to
proceed in forma pauperis within thirty (30) days of the date
of this Order.
IS FURTHER ORDERED that if plaintiff files a motion
to proceed in forma pauperis, he must also file a certified
copy of his prison account statement for the six-month period
preceding the filing of the complaint.
plaintiff fails to timely comply with this order, the Court
will strike the document he filed pursuant to Rule 11 of the
Federal Rules of Civil Procedure and will also dismiss ...