Williams v. Saint Louis University Hospital

District Court, E.D. Missouri

Williams v. Saint Louis University Hospital

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

MARILYN WILLIAMS, ) ) Plaintiff, ) ) vs. ) No. 4:24-cv-01017-MTS ) SAINT LOUIS UNIVERSITY HOSPITAL, ) ) Defendant. )

MEMORANDUM AND ORDER

This matter is before the Court upon self-represented Plaintiff Marilyn Williams’s Application to Proceed in District Court Without Prepaying Fees or Costs. Doc. [3]. Based on a review of the financial information provided in support of the Application, the Court finds that Plaintiff is unable to pay the filing fee. As such, the Court will grant the Application. See

28 U.S.C. § 1915

(a)(1). In addition, the Court will require Plaintiff to file a First Amended Complaint. Each page of Plaintiff’s original Complaint and attached Memorandum contains a large streak down the middle where significant portions of text are missing due to what appears to be an issue with the printer Plaintiff used.1 See generally Doc. [1]. Given the omitted material, the Complaint fails to give Defendant (and the Court) fair notice of Plaintiff’s claims and the grounds upon which they rest. See Anderson v. U.S. Dep’t of Hous. & Urb. Dev.,

554 F.3d 525

, 528 (5th Cir. 2008) (complaint must put the

1 Court records note that staff in the Clerk of Court’s office raised this issue with Plaintiff defendant on notice as to what conduct supports the claims); see also Fed. R. Civ. P. 8(a)(2). Plaintiff must file a First Amended Complaint, using the Court’s civil complaint form (MOED-0032), no later than Wednesday, December 11, 2024. Plaintiff shall carefully complete the form—including by specifying her claim for relief, which her original Complaint does not do. See Fed. R. Civ. P. 8(a)(3) (noting a pleading must contain a “demand for the relief sought’). If Plaintiff fails to timely file a First Amended Complaint consistent with this Court’s order, the Court will dismiss this action without further notice. See Hutchins v. A.G. Edwards & Sons, Inc.,

116 F.3d 1256, 1259

(8th Cir. 1997) (“A district court has the power to dismiss a litigant’s cause of action when the litigant fails to comply with the court’s orders.”’). Accordingly, IT IS HEREBY ORDERED that Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs, Doc. [3], is GRANTED. See

28 U.S.C. § 1915

(a)(1). IT IS FURTHER ORDERED that Plaintiff shall file a First Amended Complaint, consistent with this Memorandum and Order, no later than Wednesday, December 11, 2024. The failure to do so will result in the dismissal of this action. Dated this 20th day of November 2024. eC dik UNITED STATES DISTRICT JUDGE

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Reference

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