MORRIS v. FEDERAL BUREAU OF PRISONS

District Court, S.D. Indiana

MORRIS v. FEDERAL BUREAU OF PRISONS

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION

STEPHEN MORRIS, ) ) Plaintiff, ) ) v. ) No. 2:20-cv-00526-JPH-DLP ) FEDERAL BUREAU OF PRISONS, ) ) Defendant. )

ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT On October 8, 2020, the plaintiff Stephen Morris wrote a letter to this Court attaching a denial of tort claim and requesting additional time to file a complaint. The submission was docketed as a complaint but lacks sufficient factual allegations to proceed as a complaint. Therefore, the plaintiff shall have through November 16, 2020, to file an amended complaint. Failure to file an amended complaint by this deadline may result in the dismissal of this action without further notice. The clerk is directed to include a prisoner complaint form with the plaintiff's copy of this Order. Because an amended complaint completely replaces the currently operative complaint, it must be a complete statement of the plaintiff's claims, including the factual basis of those claims and the relief sought by the plaintiff. See Beal v. Beller,

847 F.3d 897, 901

(7th Cir. 2017) ("For pleading purposes, once an amended complaint is filed, the original complaint drops out of the picture."). The proposed amended complaint should have the proper case number, 2:20-cv-00526- JPH-DLP, and the words "Amended Complaint" on the first page. SO ORDERED. Date: 10/20/2020 Sjamu Patrick awlove James Patrick Hanlon United States District Judge Distribution: Southern District of Indiana STEPHEN MORRIS 527740 Missouri Eastern Correctional Center 18701 Old Highway 66 Pacific, MO 63069

Reference

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