UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF ILLINOIS

MAR 18 1994

JAMES F. OSTERBUR,

Plaintiff,

vs. No. 94-2060

UNITED STATES OF AMERICA, et al.,

Defendants.

ORDER

The plaintiff, James Osterbur, has submitted a complaint purportedly pursuant to 42 U.S.C. § 1983. The proposed class action seeks vindication of the constitutional rights of "the common public citizen." The plaintiff sues the United States government, the State of Illinois, and the Medical Industry ("as represented by Covenant Medical Center"). The plaintiff has filed a petition for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. However, the pleadings on file are unacceptable.

The complaint does not conform to the filing requirements set forth in the Federal Rules of Civil Procedure. Rule 8(a) requires a "short and plain" statement of the grounds upon which jurisdiction exists, a short and plain statement of the claim showing that the pleader is entitled to relief, and a demand for judgment for the relief the pleader seeks. Having read the plaintiff's entire 31-page complaint, the court remains completely ignorant as to the basis for the lawsuit.

The complaint contains rambling paragraphs that mention regulation of the medical industry, freedom of the press, due process, equal protection of the laws, and involuntary servitude, among other legal issues. At its conclusion, the complaint demands five hundred million dollars to be used by the states for pre-natal and infant medical care. However, the complaint is devoid of any facts to support the plaintiff's claim for relief. It is completely unclear why the plaintiff is bringing this lawsuit, or what standing he has to sue.

The Clerk shall provide the plaintiff with civil rights complaint forms. Although the plaintiff is not required to use the court's pre-printed forms, he may find them useful in drafting his complaint. The plaintiff must submit an original complaint setting forth his allegations against each defendant, along with a carbon copy or photocopy of the complaint for service upon each defendant.

In addition, the plaintiff must submit a separate memorandum of law in support of his claims, as he appears to have filed this action before conducting any legal research. The memorandum should address the plaintiff's standing to sue, the requirements for class certification, the prerequisites to suits against the United States, and the permissibility of actions for damages against the State of Illinois. The complaint should state the basic facts of the case (no legal arguments); the memorandum should apply the facts to the law.

IT IS THEREFORE ORDERED that the plaintiff, within twenty-one (21) days of the date of this order, submit a proper complaint (plus copies for the defendants), and a separate memorandum of law in support of his claims, all subject to Rule 11's provisions for sanctions for frivolous pleadings. The Clerk is directed to mail the plaintiff a blank civil rights complaint form.

IT IS FURTHER ORDERED that failure to comply with the court's directives will result in denial of leave to proceed in forma pauperis and summary dismissal of this action, with prejudice.

Enter this 18th day of march, 1994.

Harold A. Baker

UNITED STATES DISTRICT JUDGE