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Memorandum and Order — No. 4:22-cv-00761 (Dkt. 2, E.D. Mo.)

Summary

A Memorandum and Order, Doc. #: 2, filed July 22, 2022 in Edward Weaver v. ERDCC, No. 4:22-cv-00761-JAR (Case: 4:22-cv-00761-JAR), in the U.S. District Court for the Eastern District of Missouri, Eastern Division, on the court's own motion. The court construes a letter received July 11, 2022 from the plaintiff, an inmate at the Eastern Reception, Diagnostic and Correctional Center, as an attempt to bring a prisoner civil rights action under 42 U.S.C. § 1983. Because the letter is not on a Court form and no motion to proceed in forma pauperis or filing fee was submitted, the court orders him to file an amended complaint on the Court form and either a motion for leave to proceed in forma pauperis or the filing fee within thirty (30) days.

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“Memorandum and Order — No. 4:22-cv-00761 (Dkt. 2, E.D. Mo.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/memorandum-and-order-no-4-22-cv-00761-dkt-2-e-d-mo-acc17f1c21/, SHA-256 3e470d91b05dd82988e8f1a8d3379605357ef4d6fc65db091fb938f80c0eb622.

Full text

    Case: 4:22-cv-00761-JAR Doc. #: 2 Filed: 07/22/22 Page: 1 of 2 PageID #: 3




                             UNITED STATES DISTRICT COURT
                             EASTERN DISTRICT OF MISSOURI
                                   EASTERN DIVISION

EDWARD WEAVER,                                     )
                                                   )
               Plaintiff,                          )
                                                   )
       v.                                          )           No. 4:22-cv-00761-JAR
                                                   )
ERDCC,                                             )
                                                   )
               Defendant.                          )

                                MEMORANDUM AND ORDER

       This matter comes before the Court on its own motion. On July 11, 2022, the Court received

a letter from plaintiff Edward Weaver, an inmate at the Eastern Reception, Diagnostic and

Correctional Center in Bonne Terre, Missouri. (Docket No. 1). In the letter, plaintiff complained

of being assaulted by correctional officers and denied medical care while incarcerated.

       The Court has construed the letter as an attempt to bring a prisoner civil rights action

pursuant to 42 U.S.C. § 1983. The complaint, however, is not on a Court form, as required. See

E.D. Mo. L.R. 2.06(A) ("All actions brought by self-represented plaintiffs or petitioners should be

filed on Court-provided forms"). Furthermore, plaintiff has not filed a motion for leave to proceed

in forma pauperis or paid the filing fee.

       The Court will therefore direct plaintiff to file an amended complaint on a Court-provided

form, which will be provided to him. He will also be ordered to either file a motion for leave to

proceed in forma pauperis or pay the entire filing fee. If plaintiff chooses to file a motion for leave

to proceed in forma pauperis, he must also submit a copy of his inmate account statement for the

six-month period immediately prior to the filing of his complaint. Plaintiff shall have thirty (30)
    Case: 4:22-cv-00761-JAR Doc. #: 2 Filed: 07/22/22 Page: 2 of 2 PageID #: 4




days in which to comply with this order. His failure to comply within thirty (30) days will result

in the dismissal of this action without prejudice and without further notice.

       Accordingly,

       IT IS HEREBY ORDERED that the Clerk of Court shall send to plaintiff a copy of the

Court's prisoner civil rights complaint form.

       IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on the Court

form within thirty (30) days of the date ofthis order.

       IT IS FURTHER ORDERED that if plaintiff fails to file an amended complaint on the

Court form within thirty (30) days of the date of this order, this action will be dismissed without

prejudice and without further notice.

       IT IS FURTHER ORDERED that the Clerk of Court shall send to plaintiff a copy of the

Court's motion for leave to proceed in forma pauperis form.

       IT IS FURTHER ORDERED that plaintiff must either file a motion for leave to proceed

in forma pauperis or pay the entire filing fee within thirty (30) days of the date of this order.

       IT IS FURTHER ORDERED that if plaintiff fails to either file a motion for leave to

proceed in forma pauperis or pay the filing fee within thirty (30) days of the date of this order,

this action will be dismissed without prejudice and without further notice.

       IT IS FURTHER ORDERED that if plaintiff files a motion for leave to proceed in forma

pauperis, he must also submit a certified copy of his inmate account statement for the six-month

period immediately preceding the filing of his complaint.
                       HJ
       Dated this   -'Pday of_➔~~~=-----~,-----'
                                                      A.    oss
                                                           STATES DISTRICT JUDGE



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