Bostic v. Mnuchin ( 2020 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION RICHARD G. BOSTIC, SR., ) ) Plaintiff, ) ) v. ) No. 4:20-CV-1762 SPM ) STEVEN MNUCHIN1, ) ) Defendant. ) MEMORANDUM AND ORDER This matter is before the Court upon review of plaintiff’s pro se complaint. The complaint is defective because it has not been drafted on the Court’s form. See E.D. Mo. Local Rule 2.06(A). Additionally, plaintiff must either pay the filing fee or file a motion to proceed in forma pauperis. See 28 U.S.C. § 1915(a). Because plaintiff is proceeding pro se, the Court will allow plaintiff to file an amended complaint on the Court’s form. Plaintiff 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. All claims in the action must be included in one, centralized complaint form. See Fed. R. Civ. P. 7(a)(1), 8(a). Additionally, plaintiff is warned that the filing of an amended complaint replaces the original complaint and all previously-filed pleadings, so plaintiff must include each and every one of the claims he wishes to pursue in the amended complaint. See, e.g., In re 1Plaintiff has sued the Internal Revenue Service. However, the IRS is not a suable entity. The Court has substituted the Director of the IRS, Steven Mnuchin. 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 must show how the defendant is directly responsible for the alleged harms. All of plaintiff’s claims should be clearly set forth in the “Statement of Claim.” If 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. Accordingly, IT IS HEREBY ORDERED that the Clerk is directed to mail to plaintiff a copy of the Court’s non-prisoner civil complaint form.2 IT 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. IT IS FURTHER ORDERED that plaintiff must file an amended complaint on the Court’s form within twenty-one (21) days of the date of this Order. IT IS FURTHER ORDERED that plaintiff must either pay the $400 filing fee or submit a motion to proceed in forma pauperis within twenty-one (21) days of the date of this Order. 2 Although plaintiff is a prisoner, he is not suing under 42 U.S.C. § 1983 for violations of his civil rights in this action. IT 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. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice. IT IS FURTHER ORDERED that the Clerk shall substitute Steven Mnuchin, the Director of the IRS, as the defendant in this action. (, [ Q : 7 SHIRLEY PADMORE MENSAH UNITED STATES MAGISTRATE JUDGE Dated this 18th day of December, 2020.