United States District Court, W.D. Missouri, Western Division
JEFFREY J. O'NEAL, Plaintiff,
MISSOURI DEPARTMENT OF CORRECTIONS, ET AL., Defendants.
Fernando J. Gaitan Jr., United States District Judge
pending before the Court is plaintiff's Motion for Leave
to Proceed In Forma Pauperis (Doc. # 1).
reviewing plaintiff's in forma pauperis application, the
Court is also obligated to review the plaintiff's
Complaint. Pursuant to 28 U.S.C. § 1915, this Court may
authorize the commencement or prosecution of any suit without
prepayment of fees when an applicant files an affidavit
stating that they are unable to pay the costs of the lawsuit.
In Martin-Trigona v. Stewart, 691 F.2d 856, 857 (8th
Cir. 1982), the court noted:
There is a two step process to be followed by the district
court in considering whether a pro se plaintiff should be
permitted to proceed in forma pauperis. First, a
determination of whether the plaintiff qualifies by economic
status under ' 1915(a) and, if so, to permit the
complaint to be filed. Second, a determination of whether the
cause of action stated in the complaint is, under '
1915([e]), frivolous or malicious and, if so, to dismiss the
Patterson v. Kaiser, No. 4:14-CV-1255-CDP, 2014 WL
4715453 (E.D.Mo.Sept. 22, 2014), the Court stated:
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 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). In reviewing a pro se
complaint under §1915 (e)(2)(b), the Court must give the
complaint the benefit of a liberal construction. Haines
v. Kerner, 404 U.S. 519, 520 (1972). The Court must also
weigh all factual allegations in favor of the plaintiff,
unless the facts alleged are clearly baseless. Denton v.
Hernandez, 504 U.S. 25, 32 (1992).
Id. at * 1.
two hundred and twenty-three page Complaint, plaintiff
alleges in part:
This is a civil action complaint being brought under Title 42
of the United States Code §1983 for the violation of
civil, constitutional violations of rights and liberties
guaranteed by the United States Constitution, inter alia;
rights of man and humane decency and treatment of others,
toward others under the International Declaration of Human
Rights, governed by the United Nations General Assembly.
My complaint is that the Missouri State Department of
Corrections fails to treat incarcerated persons with dignity,
human kindness, decency, being forever growing in mental
abuse, torturous, demeanative in nature!
In a retaliatory act of aggression, abuse of power, violating
my 14thAmendment to the U.S. Constitution, . .
.failed intentionally to allow myself to call and speak to my
terminal, last parent, before my father pass'd away,
Sept. 21, 2015; taking also the last chance I'll ever
have to ever hearing my father's voice again. Now I
cannot; due to my defendants' policy of inmates on
disciplinary action in segregation; believed to be unhumane,
inhumane, a serious shock to my conscience and my families,
others who I've told about this.
(Plaintiff's Complaint, pp. 8-9).
reviewing the remainder of plaintiff's extensive
Complaint, it is clear that he has attached additional
documents to the Complaint, such as a Motion for Appointment
of Counsel, First Request for Production of Documents,
Request for Discovery and various other exhibits. It has been
difficult for the Court to sift through the lengthy
Complaint, to ferret out exactly what claims plaintiff is
alleging against which defendants. Accordingly, the Court
finds that it would be beneficial for plaintiff to file an
Amended Complaint, which is limited to only those claims
which he is asserting in this action. Plaintiff shall clearly
and concisely set out the facts relevant to his claim in
separate counts and state which claims he is asserting
against which defendants. Plaintiff shall include all of his
claims in one, centralized complaint. In the
“Caption” section of the Amended Complaint,
plaintiff shall list the name of each defendant he wishes to
sue. In the “Statement of Claim” section,
plaintiff shall write the first defendant's name. In
separate, numbered paragraphs, under the name, plaintiff
shall set fort the allegations supporting his claim(s)
against that defendant, as well as the specific
constitutional right(s) that he claims that defendant
violated and whether that defendant is being sued in his/her
official and/or individual capacity. Plaintiff should then
proceed in the same manner with each of the remaining
Amended Complaint must contain short and plain statements
showing that plaintiff is entitled to relief. The allegations
must be simple, concise, and direct and the numbered
paragraphs must be limited to a single set of circumstances.
Plaintiff shall not attach any exhibits to the Amended
Complaint. Plaintiff must also sign the Amended Complaint
before filing it with the Court. Plaintiff shall submit his
Amended Complaint on a court-provided form and the Amended
Complaint must comply with Rules 8 and 10 of the Federal
Rules of Civil Procedure. Plaintiff shall also not include
any additional motions within the body of the Complaint. If
plaintiff wishes to file additional motions, such as a Motion
for Appointment of Counsel, those motions shall be filed as
separate documents. Additionally, discovery documents ...