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 IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

DENISE NAILS,

Plaintiff,

vs. 3:09cv394/MCR/MD

PENSACOLA COVENANT HOSPICE, et al.,

Defendants.

O R D E R

This cause is before the court upon plaintiff filing a civil rights complaint under 42

U.S.C. § 1983 (doc. 1) and a motion to proceed in forma pauperis (doc. 2).

Plaintiff did not file her complaint on the required Northern District form. Local Rule

5.1(J) for the Northern District of Florida states that the court will not accept for

consideration a pro se complaint filed under section 1983 unless the appropriate complaint

form has been properly completed, signed and filed by the litigant. Thus, plaintiff will be

required to file an amended complaint.

In amending, plaintiff must completely fill out a civil rights complaint form, marking

it “Amended Complaint.” Plaintiff must limit her allegations to claims related to the same

basic incident or issue and name as defendants only those persons who are responsible

for the alleged wrongdoing. Plaintiff must place their names in the style of the case on the

first page of the civil rights complaint form, and include their addresses and employment

positions in the “Parties” section of the form. In the statement of facts, plaintiff should

clearly describe how each named defendant is involved in each alleged violation, alleging

the claims as to each defendant in separately numbered paragraphs and including specific

dates and times of the alleged unconstitutional acts. If plaintiff cannot state exactly how

a particular defendant harmed her, she should delete or drop that person as a defendant

from the complaint. In the section entitled “Statement of Claim,” plaintiff must state what
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Case No: 3:09cv394/MCR/MD

rights or statutes she contends have been violated, and she must provide support in the

statement of facts for the claimed violations. Plaintiff is advised that the amended

complaint must contain all of her allegations, because once an amended complaint is filed,

all earlier complaints are disregarded. N.D. Fla. Loc. R. 15.1. 

Additionally, plaintiff did not file her motion to proceed in forma pauperis on the

required Northern District form. The court will not process plaintiff’s complaint until the

appropriate forms are submitted.

Accordingly, it is ORDERED:

1. Plaintiff’s motion to proceed in forma pauperis (doc. 2) is DENIED without

prejudice.

2. The clerk of court shall forward to the plaintiff a civil rights complaint form for

use by non-prisoners, and an application to proceed in forma pauperis for non-prisoners.

This case number should be written on the forms.

3. Within thirty (30) days of the date of this order, plaintiff shall file an amended

complaint which shall be typed or clearly written, and submitted on the court form. 

4. Within the same time period, plaintiff shall either submit payment in the amount

of $350.00, or file a complete application to proceed in forma pauperis.

5. Plaintiff’s failure to comply with this order as instructed will result in a

recommendation that this case be dismissed for failure to prosecute and failure to comply

with an order of the court.

DONE AND ORDERED this 14th day of September, 2009.

 /s/ Miles Davis

MILES DAVIS

UNITED STATES MAGISTRATE JUDGE