United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
L. WHITE UNITED STATES DISTRICT JUDGE
matter is before the Court on plaintiff Lowell Milner's
motion for leave to commence this action without prepayment
of the required filing fee. (Docket No. 2). For the reasons
stated below, the Court will grant the motion and assess
plaintiff an initial partial filing fee of $3.83.
See 28 U.S.C. § 1915(b)(1). The Court will also
require plaintiff to file an amended complaint.
U.S.C. § 1915(b)(1)
prisoner bringing a civil action in forma pauperis is
required to pay the full amount of the filing fee. 28 U.S.C.
§ 1915(b)(1). If the prisoner has insufficient funds in
his prison account to pay the entire fee, the Court must
assess and, when funds exist, collect an initial partial
filing fee of 20 percent of the greater of (1) the average
monthly deposits in the prisoner's account, or (2) the
average monthly balance in the prisoner's account for the
prior six-month period. Id. After payment of the
initial partial filing fee, the prisoner is required to make
monthly payments of 20 percent of the preceding month's
income credited to the prisoner's account. 28 U.S.C.
§ 1915(b)(2). The agency having custody of the prisoner
will forward these monthly payments to the Clerk of Court
each time the amount in the prisoner's account exceeds
$10, until the filing fee is fully paid. Id.
review of plaintiff s account indicates an average monthly
balance of $19.17. Plaintiff has insufficient funds to pay
the entire filing fee. Accordingly, the Court will assess an
initial partial filing fee of $3.83, which is 20 percent of
plaintiff s average monthly balance.
U.S.C. § 1915(e)(2)(B)
Court may dismiss a complaint filed in forma pauperis if the
action is frivolous, malicious, fails to state a claim upon
which relief can be granted, or seeks monetary relief against
a defendant who is immune from such relief. 28 U.S.C. §
1915(e)(2)(B). An action is frivolous if "it lacks an
arguable basis in either law or in fact." Neitzke v.
Williams, 490 U.S. 319, 328 (1989). An action is
malicious when it is undertaken for the purpose of harassing
litigants and not for the purpose of vindicating a cognizable
right. Spencer v. Rhodes, 656 F.Supp. 458, 461-63
(E.D. N.C. 1987), aff'd 826 F.2d 1059 (4th Cir.
1987). An action fails to state a claim upon which relief can
be granted if it does not plead "enough facts to state a
claim to relief that is plausible on its face." Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007).
brings this action against Corizon Medical Corporation and
the Missouri Department of Corrections, and three individuals
plaintiff identifies as Dr. Diabstere, Dr. Winklemeyer, and
Dr. Haq. In his complaint, plaintiff states that he has
severe chronic health conditions, and that Corizon and the
Missouri Department of Corrections do not want to provide
treatment. After listing several of his health conditions and
referring to the defendants collectively, he states in
conclusory fashion that they have denied him medical care.
it is apparent that plaintiff is claiming that he was denied
medical care, he has not explained how each named defendant
was personally involved in the deprivation of his
constitutional rights. Instead, he refers to the defendants
collectively, and states in conclusory fashion that they
denied him health care. As written, the complaint fails to
state a claim upon which relief can be granted.
properly state a claim for relief, a complaint must plead
more than legal conclusions. Ashcroft v. Iqbal, 556
U.S. 662, 678 (2009) (citations omitted). A complaint is not
sufficient if it contains only bare assertions with no
factual enhancement. Id. Because "[l]iability
under § 1983 requires a causal link to, and direct
responsibility for, the alleged deprivation of rights, "
the complaint must set forth specific facts demonstrating how
each individual defendant contributed to the alleged
constitutional violation. Id. at 676.
plaintiffs claims are serious in nature, the Court will
provide plaintiff an opportunity to amend his complaint. In
so doing, plaintiff must follow the Court's instructions
as set forth below, or this action may be dismissed without
is required to submit his amended complaint on a
court-provided form, and it must comply with Rules 8 and 10
of the Federal Rules of Civil Procedure. Rule 8(a) requires
that a complaint contain a "short and plain"
statement of the claim showing that the pleader is entitled
to relief, and a demand for the relief sought. Rule 10(b)
requires that a party must state its claims or defenses in