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Philip York v. Capital Management Services

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


February 12, 2013

PHILIP YORK, PLAINTIFF,
v.
CAPITAL MANAGEMENT SERVICES, INC., DEFENDANT.

The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM ORDER

Pro se plaintiff Philip York ("York") has filed a number of complaints in this District Court charging alleged violations of the Fair Credit Reporting Act and the Fair Debt Collection Practices Act. When this case was assigned at random to this Court's calendar, it granted York's motion for in forma pauperis status.*fn1 This Court also issued its customary initial scheduling order, after which defendant Capital Management Services, Inc. ("Capital Management") sought and was granted an extension of time to file a responsive pleading, which is now due on February 20.

Today this Court had delivered to its chambers a self- prepared Amended Complaint. Even though Fed. R. Civ. P. ("Rule") 15(a)(1) permits such an amendment as a matter of course, the sprawling submission that York has now tendered is a clear violation of the Rule 8(a)(2) requirement that a plaintiff provide "a short and plain statement of the claim showing that the pleader is entitled to relief." York's Amended Complaint is stricken sua sponte, and Capital Management's responsive pleading should be directed to his original Complaint.


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