Gunther v. Anders

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
REX S. GUNTHER, 	)
)
Plaintiff, 	)
)
v. 	) 	No. 4:25-CV-1638-SRW
)
DONNA ANDERS, 	)
)
Defendant. 	)
MEMORANDUM AND ORDER
This matter is before the Court upon review of self-represented Plaintiff Rex S. Gunther’s
complaint filed on November 4, 2025. ECF No. 1. The complaint is defective because it has not
been drafted on a Court form. See E.D. Mo. Local Rule 2.06(A) (“All actions brought by self-
represented plaintiffs or petitioners should be filed on Court-provided forms”). Further, Plaintiff
has not filed an application to proceed in district court without prepaying fees or costs or paid the
Court’s $405 filing fee. Plaintiff will be directed to either file an application to proceed in district
court without prepaying fees or costs or pay the full filing fee within thirty (30) days of the date
of this Order. See 28 U.S.C. § 1915(a)(1). Because Plaintiff is proceeding without counsel, the
Court will allow him the opportunity to file an amended complaint on Court-provided forms.
Plaintiff has thirty (30) days from the date of this Order to file an amended complaint in
accordance with the specific instructions set forth here.
Accordingly,
IT IS HEREBY ORDERED that the Clerk is directed to mail Plaintiff a copy of the
Court’s ‘Prisoner Civil Rights Complaint’ form.
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IT IS FURTHER ORDERED that the Clerk is directed to mail Plaintiff a copy of the
Court’s ‘Application to Proceed in District Court without Prepaying Fees or Costs’ form.
IT IS FURTHER ORDERED that Plaintiff must file an amended complaint on the
Court’s form within thirty (30) days of the date of this Order. Plaintiff is advised that his
amended complaint will take the place of his original filing and will be the only pleading that
this Court will review.
IT IS FURTHER ORDERED that Plaintiff must submit an application to proceed in
district court without prepaying fees or costs or pay the full filing fee of $405 within thirty (30)
days of the date of this Order.
If Plaintiff fails to comply with this Order, the Court may dismiss this action without
prejudice and without further notice.
Dated this 20th day of November, 2025.
___________________________________
STEPHEN R. WELBY
UNITED STATES MAGISTRATE JUDGE
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