Rosenthal v. Callaway et al, No. 4:2015cv00973 - Document 6 (E.D. Mo. 2015)

Court Description: OPINION MEMORANDUM AND ORDER: HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [Doc. # 2 ] is GRANTED. IT IS FURTHER ORDERED that the Clerk of Court shall provide plaintiff a copy of the Court's Prisoner Civil Rights Complaint Form. IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff a form petition for filing a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254. FURTHER ORDERED plaintiffs motion to amend his complaint by interlineation [Doc . # 4 ] is DENIED WITHOUT PREJUDICE.IT IS FURTHER ORDERED that plaintiff's motions to vacate his state court criminal conviction and expunge his criminal record [Doc. # 3 and # 5 ] are DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that plaint iff shall file a second amended complaint, in accordance with the instructions set forth above, no later than thirty (30) days from the date of this Order. FURTHER ORDERED that if plaintiff fails to timely file a second amended complaint or fails to comply with the instructions set forth above relating to the filing of the second amended complaint, the Court shall dismiss this action without prejudice. IT IS FURTHER ORDERED that upon the filing of the second amended complaint, it will be subject to review under 28 U.S.C. § 1915.( Response to Court due by 9/13/2015.). Signed by District Judge Henry Edward Autrey on 08/13/2015. (Attachments: # 1 Prisoner Civil Rights form, # 2 2254 Writ of Habeas Corpus form, # 3 2254 Instruction form)(CLK)cc: forms mailed

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Rosenthal v. Callaway et al Doc. 6 Att. 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI DIVISION (Enter above the full name of the Plaintiff(s) in this action. Include prison registration number(s).) v. (Enter above the full name of ALL Defendant(s) in this action. Fed. R. Civ. P. 10(a) requires that the caption of the complaint include the names of all the parties. Merely listing one party and "et al." is insufficient. Please attach additional sheets if necessary. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. (To be assigned by Clerk) PRISONER CIVIL RIGHTS COMPLAINT UNDER 42 U.S.C. § 1983 I. PLACE OF PRESENT CONFINEMENT: II. PREVIOUS CIVIL ACTIONS: A. Have you brought any other civil actions in state or federal court dealing with the same facts involved in this action or otherwise relating to your confinement? YES [ ] NO [ ] B. If your answer to “A” is YES, describe the action(s) in the space below. If there is more than one action, you must describe the additional action(s) on a separate piece of paper, using the same format as below. 1. Parties to previous civil action: Plaintiff(s): Defendant(s): 2. 3. Docket or case number: 4. Name of Judge: 5. Basic claim made: 6. III. Court where filed: Present disposition (Is the case still pending? Is it closed? If closed, was it appealed?): GRIEVANCE PROCEDURES: A. Is there a prisoner grievance procedure at the institution in which you are incarcerated? YES B. [ ] NO [ ] Have you presented this grievance system the facts which are at issue in this complaint? YES [ ] NO -2- [ ] C. D. IV. If your answer to “B” is YES, what steps did you take: If your answer to “B” is NO, explain why you have not used the grievance system: PARTIES TO THIS ACTION: A. Plaintiff(s) 1. 2. Plaintiff’s address: 3. Registration number: 4. B. Name of Plaintiff: Additional Plaintiff(s) and address(es): Defendant(s) 1. Name of Defendant: 2. Defendant’s address: 3. Defendant’s employer and job title: 4. Additional Defendant(s) and address(es): -3- V. COUNSEL A. Do you have an attorney to represent you in this action? YES B. [ ] NO [ ] If your answer to “A” is NO, have you made an effort to contact an attorney to represent you in this matter? YES [ ] NO [ ] C. If your answer to “B” is YES, state the name(s) and address(es) of the attorneys you contacted and the results of those efforts: D. If your answer to “B” is NO, explain why you have not made such efforts: E. Have you previously been represented by counsel in a civil action in this Court? YES F. [ ] NO [ ] If your answer to “E” is YES, state the attorney’s name and address: -4- VI. Statement of claim (State as briefly as possible the facts of your case. Describe how each defendant is involved. You must state exactly what each defendant personally did, or failed to do, which resulted in harm to you. Include also the names of other persons involved, dates, and places. Be as specific as possible. State your claims in numbered paragraphs. You may use additional paper if necessary): -5- VII. RELIEF State briefly and exactly what you want the Court to do for you. Do not make legal arguments. (Note: If you are a state prisoner and you seek from this Court relief that affects the length or duration of your imprisonment, your case must be filed on a § 2254 form.) VIII. MONEY DAMAGES: A) Do you claim either actual or punitive monetary damages for the acts alleged in this complaint? YES G NO G B) If your answer to "A" is YES, state below the amount claimed and the reason or reasons you believe you are entitled to recover such money damages: IX. Do you claim that the wrongs alleged in the complaint are continuing to occur at the present time? YES [ ] NO Signature of attorney or pro se Plaintiff(s) [ ] Date -6-

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