United States District Court, E.D. Missouri, Eastern Division
Lawrence Drummer, Jr., Plaintiff, Pro Se.
MEMORANDUM AND ORDER
G. FLEISSIG, District Judge.
matter is before the Court on review of plaintiff's
complaint under 28 U.S.C. Â§ 1915(e). The complaint is
defective for several reasons. Because plaintiff is pro se,
the Court will allow him to file an amended complaint.
Additionally, plaintiff must file a certified copy of his
prison account statement for the six-month period immediately
preceding the filing of the complaint.
28 U.S.C. Â§ 1915(e), the Court is required to dismiss a
complaint filed in forma pauperis if it is frivolous,
malicious, or fails to state a claim upon which relief can be
granted. To state a claim for relief under Â§ 1983, a
complaint must plead more than "legal conclusions"
and "[t]hreadbare recitals of the elements of a cause of
action [that are] supported by mere conclusory
statements." Ashcroft v. Iqbal, 556 U.S. 662,
678 (2009). A plaintiff must demonstrate a plausible claim
for relief, which is more than a "mere possibility of
misconduct." Id. at 679. "A claim has
facial plausibility when the plaintiff pleads factual content
that allows the court to draw the reasonable inference that
the defendant is liable for the misconduct alleged."
Id. at 678. Determining whether a complaint states a
plausible claim for relief [is] a context-specific task that
requires the reviewing court to draw on its judicial
experience and common sense. Id. at 679.
brings this action under 42 U.S.C. Â§ 1983 and state law.
Named as defendants are Corizon, Inc., Dr. Reynal L.
Caldwell, Dr. M. Mallard, and Jerome Edwards.
claims that in August 2015 he suffered a rotator cuff injury.
He was seen by an outside doctor, who told him he needed
corrective surgery. Plaintiff says he was not taken to have
the surgery and that he has not healed properly as a result.
He also says that defendants gave him a heart medicine,
Nitrostat (nitroglycerine), for the shoulder injury, rather
than pain medicine. He claims that the Nitrostat gave him
severe chest pain.
plaintiff has not properly alleged the personal involvement
of any of the defendants. He must state how each and every
defendant was directly responsible for the alleged medical
mistreatment. It is not enough to allege that
"defendants" refused to treat his injuries. A
federal complaint must contain the "who, what, when and
where" of what happened, and each defendant must be
linked to a particular action. Additionally, plaintiff must
state whether he is suing defendants in their individual or
official capacities, or both. As a result, the complaint does
not state a claim against Edwards, Caldwell, or Mallard.
to state a claim against Corizon, plaintiff must allege that
there was a policy, custom or official action that caused an
actionable injury. Sanders v. Sears Roebuck & Co.,
984 F.2d 972, 95-76 (8th Cir. 1993). There are no allegations
of an official policy leading to plaintiff's injuries.
Therefore, the allegations against Corizon are frivolous.
a prisoner seeking leave to proceed in forma pauperis must
file a certified copy of his prison account statement for the
six-month period immediately preceding the filing of the
complaint. 28 U.S.C. Â§ 1915(a)(2).
plaintiff is proceeding pro se, the Court will allow him to
file an amended complaint. Plaintiff is warned that the
filing of an amended complaint replaces the original
complaint, and so he must include each and every one of his
claims in the amended complaint. E.g.,In re
Wireless Telephone Federal Cost Recovery Fees
Litigation,396 F.3d 922, 928 (8th Cir. 2005). Any
claims from the original complaint that are not included in
the amended complaint will be considered abandoned.
Id. Plaintiff must allege how each and every
defendant is directly responsible for the alleged harm. In
order to sue defendants in their individual ...