James v. Coleman et al

i
i
DEREK Q. JAMES,
Plaintiff,
V.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
No. 4:25-cv-01432-JAR
DIRECTOR MS. COLEMAN, et al.,
)
)
)
)
)
)
)
)
)	Defendants.
MEMORANDUM AND ORDER
On September 22, 2025, Plaintiff Derek Q. James filed a motion for temporary restraining
order (ECF No. 1) and a motion for leave to proceed in forma pauperis (ECF No. 2). Two days
later, the Court entered an order noting that the motion consisted largely of conclusory allegations
regarding jail conditions and failed to demonstrate any risk of imminent harm. (ECF No. 3). The
Court therefore stated that it would address the motion in the ordinary course under 28 U.S.C.
§ 1915(e)(2). Jd. Nevertheless, James filed a second and largely duplicative motion on October 6,
2025 (ECF No. 4). The next day, the Court again explained that it would address the motion in the
ordinary course. (ECF No. 5). James has since filed a motion for reconsideration (ECF No. 6) and
a "Petition for Contempt of Court" (ECF No. 7).
Despite James's apparent urgency to move this case forward, he has not yet filed a
complaint with the 	Court. 	Rule 	3 of the Federal 	Rules 	of Civil 	Procedure 	governs 	the
commencement of civil actions in the district courts and requires a litigant to file a complaint to
formally commence a civil action. Even pro se litigants must comply with the Federal Rules of
Civil Procedure. See Schooley v. 	Kennedy, 712 F.2d 372, 373 (8th Cir.1983) (per curiam)
(declaring pro se parties are not excused from complying with procedural and substantive law).
Case: 4:25-cv-01432-JAR Doc. #: 8 Filed: 11/07/25 Page: 1 of 3 PageID #:
<pageID>

Therefore, the Court gives James thirty days from the date of this order to file a complaint on the
enclosed form.
Further, although James filed a handwritten motion to proceed informa pauperis (ECF No.
2), he did not use the Court-provided form. Local Rule 2.06(A) requires self-represented litigants
to use Court-provided forms where applicable. Accordingly, the Court denies James's motion to
proceed in forma pauperis without prejudice. Within thirty days of the date of this order, James
must either (1) pay the full $405 filing fee, or (2) file a renewed motion to proceed in forma
pauperis on the enclosed form. If James chooses to file a renewed motion, he must also provide a
certified copy of his inmate account statement for the six-month period immediately preceding the
filing of this action. See 28 U.S.C. § 1915(a)(2). Ifhe cannot obtain the required account statement,
he must explain in detail the steps he took to obtain it.
Accordingly,
IT IS HEREBY ORDERED that James's motion to proceed informa pauperis (ECF No.
2) is DENIED without prejudice.
IT IS FURTHER ORDERED that James must, within thirty (30) days of the date of this
order, either (1) pay the full $405 filing fee, or (2) file a renewed motion to proceed in forma
pauperis on the enclosed form. If James chooses to file a renewed motion, he must include a copy
of the inmate account statement required by§ 1915(a)(2) or a detailed explanation of the steps he
took to obtain the account statement.
IT IS FURTHER ORDERED that James must, within thirty (30) days of the date of this
order, file a civil complaint on the Court-provided form.
2
Case: 4:25-cv-01432-JAR Doc. #: 8 Filed: 11/07/25 Page: 2 of 3 PageID #:
<pageID>

IT IS FURTHER ORDERED that the Clerk of Court shall mail to James a copy of the
Court's "Application to Proceed in District Court without Prepaying Fees or Costs" (MOED-0046)
and the Court's "Prisoner Civil Rights Complaint" (MOED-0036).
James's failure to comply with this order will result in the dismissal of this action without
prejudice and without further notice.
Dated this Jlh day of November, 2025.
UN 	ED STATES DISTRICT JUDGE
JO~ROSS
3
Case: 4:25-cv-01432-JAR Doc. #: 8 Filed: 11/07/25 Page: 3 of 3 PageID #:
<pageID>