United States District Court, E.D. Missouri, Eastern Division
LAWRENCE M. EDWARDS, Plaintiff,
TOM VILLMER, et al., Defendants.
MEMORANDUM AND ORDER
L. WHITE UNITED STATES DISTRICT JUDGE.
a prisoner, seeks leave to proceed in forma pauperis in this
civil action under 42 U.S.C. § 1983. Having reviewed
plaintiffs financial information, the Court assesses a
partial initial filing fee of $20, which is twenty percent of
his average monthly deposit. See 28 U.S.C. §
1915(b). Additionally, plaintiff must file an amended
28 U.S.C. § 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 § 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.
complaint is fifty pages of rambling, unintelligible
allegations. Plaintiffs handwriting is often illegible, and
so the complaint is very difficult to understand. The gist of
the complaint appears to be that defendants either denied his
grievances or ordered him to administrative segregation. He
apparently used other inmates' telephone PIN numbers to
make calls, for which he was issued conduct violations.
complaint does not comply with the Federal Rules of Civil
Procedure. Rule 8(a) requires that the complaint contain
"a short and plain statement of the claim showing that
[plaintiff] is entitled to relief. . ." And Rule 10(b)
requires a plaintiff to "state [his] claims ... in
numbered paragraphs, each limited as far as practicable to a
single set of circumstances." The complaint does not
contain a short and plain statement of plaintiff s claims.
Instead, it rambles incoherently, and the allegations are
often petty and inconsequential. Additionally, although
plaintiff sometimes uses numbered paragraphs, the paragraphs
are not limited to a single set of circumstances.
must file an amended complaint. The complaint must comply
with Rules 8 and 10. Each paragraph must be limited to a
single set of circumstances. Irrelevant information must be
omitted. It must either be handwritten in a legible manner,
or it must be typed. The Court recommends that plaintiff use
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 capacities,
plaintiff must specifically say so in the complaint. If
plaintiff fails to sue defendants in their individual
capacities, this action may be subject to dismissal.
IT IS HEREBY ORDERED that plaintiffs motion to proceed in
forma pauperis [ECF No. 2] is GRANTED.
FURTHER ORDERED that the plaintiff must pay an initial filing
fee of $20 within twenty-eight (28) days of the date of this
Order. Plaintiff is instructed to make his remittance payable
to "Clerk, United States District Court, " and to
include upon it: (1) his name; (2) his prison registration
number; (3) the case number; and (4) that the remittance is
for an original proceeding.
FURTHER ORDERED that the Clerk is directed to send plaintiff
a prisoner civil rights complaint form.
FURTHER ORDERED that plaintiff must file an amended complaint
that complies with the terms of this order no later than