Phinney v. Carson, No. 4:2016cv00579 - Document 15 (E.D. Mo. 2016)

Court Description: OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion for extension of time to file an amended complaint and for waiver of the partial initial filing fee [ECF No. 13 ] is GRANTED in part and DENIED in part. Plaintiff must su bmit his amended complaint and the $1.00 partial initial filing fee no later than June 9, 2016.IT IS FURTHER ORDERED that if plaintiff does not comply with this Order, the Court will dismiss this action without further proceedings.( Initial Partial Filing Fee due by 6/9/2016., Response to Court due by 6/9/2016.). Signed by District Judge Henry Edward Autrey on 05/09/2016. (CLK)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JAMES EDWIN PHINNEY, IV, Plaintiff, v. JEFFEREY CARSON, et al., Defendants, ) ) ) ) ) ) ) ) ) No. 4:16CV579 HEA OPINION, MEMORANDUM AND ORDER This matter is before the Court on plaintiff’s motion for extension of time to file an amended complaint and for waiver of the partial initial filing fee. The motion is granted in part and denied in part. The Court ordered plaintiff to submit an amended complaint because his pleading did not contain a short and plain statement of the facts he believes entitle him to relief. Plaintiff says he does not have adequate access to a law library, and therefore, he cannot draft his complaint. Plaintiff is reminded that he is required to state the facts of his case in the complaint. He does not need to, and he should not, cite legal authority or case law in support of his facts. An extension will be granted. However, plaintiff is required to pay the initial filing fee. IT IS HEREBY ORDERED that plaintiff’s motion for extension of time to file an amended complaint and for waiver of the partial initial filing fee [ECF No. 13] is GRANTED in part and DENIED in part. Plaintiff must submit his amended complaint and the $1.00 partial initial filing fee no later than June 9, 2016. IT IS FURTHER ORDERED that if plaintiff does not comply with this Order, the Court will dismiss this action without further proceedings. Dated this 9th day of May, 2016 ___________________________________ HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE 2