Shook v. McNally et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:24-cv-00100-MR
JESSE L. SHOOK, )
)
Plaintiff, )
)
vs. ) ORDER
)
CHARLES J. MCNALLY, et al., )
)
Defendants. )
________________________________ )
THIS MATTER is before the Court sua sponte. The Plaintiff is
proceeding in forma pauperis. [Doc. 9].
The incarcerated Plaintiff filed this action pursuant to 42 U.S.C. § 1983
addressing incidents that allegedly occurred at the Mountain View
Correctional Institution. [Doc. 1]. The Complaint has not yet been screened
for frivolity.
The Plaintiff has now filed an “Amendment” and a “Memorandum of
Law Brief” that appear to be attempts to amend the Complaint on a
piecemeal basis. [Docs. 6-7]. This will not be allowed and these documents
will be stricken. However, the Plaintiff will be granted the opportunity to
amend the Complaint within 30 days of this Order, if he wishes to do so. Any
Amended Complaint will be subject to all timeliness and procedural
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requirements and will supersede the Complaint. Should the Plaintiff fail to
comply with this Order, the Court will proceed on the Complaint [Doc. 1] as
originally filed.
IT IS THEREFORE ORDERED that:
1. The Plaintiff’s “Amendment” [Doc. 6] and “Memorandum of Law
Brief” [Doc. 7] are STRICKEN.
2. The Plaintiff may file an Amended Complaint within thirty (30) days
of this Order. The Amended Complaint will be subject to all
timeliness and procedural requirements and will supersede the
Complaint. Piecemeal amendment will not be permitted. Should
Plaintiff fail to timely amend his Complaint, the Court will proceed
on the Complaint [Doc. 1].
The Clerk is respectfully instructed to mail Plaintiff a blank prisoner §
1983 form and a copy of this Order.
IT IS SO ORDERED.
Signed: June 10, 2024
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