United States District Court, E.D. Missouri, Southeastern Division
MEMORANDUM AND ORDER
STEPHEN N. LIMBAUGH, JR. 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
plaintiff's financial information, the Court assesses a
partial initial filing fee of $16, which is twenty percent of
his average monthly deposit. See 28 U.S.C. §
1915(b). Additionally, the Court will direct plaintiff to
file an amended complaint.
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, 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.
reviewing a complaint under 28 U.S.C. § 1915(e), the
Court accepts the well-pled facts as true. Furthermore, the
Court liberally construes the allegations.
brings this action against several officials at the
Southeastern Correctional Center for medical mistreatment. An
inmate threw a hot liquid substance on plaintiff's face,
neck, arms and chest, causing first and second degree burns
as well as vision loss. Plaintiff says
“defendants” did not provide him with any medical
treatment and placed him in a restrictive cell.
has not adequately alleged each defendants' personal
involvement in the deprivation of his constitutional rights.
It is not sufficient to say that “defendants”
denied plaintiff medical care. The complaint must state how
each defendant individually contributed to the
constitutional violation. See Ashcroft v. Iqbal, 556
U.S. 662, 676 (2009) (“Because vicarious liability is
inapplicable to Bivens and § 1983 suits, a
plaintiff must plead that each Government-official defendant,
through the official's own individual actions, has
violated the Constitution.”); Camberos v.
Branstad, 73 F.3d 174, 176 (8th Cir. 1995) (“a
general responsibility for supervising the operations of a
prison is insufficient to establish the personal involvement
required to support liability.”). As a result, the
complaint fails to state a claim upon which relief can be
plaintiff is proceeding pro se, the Court will allow
plaintiff 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 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 plaintiff's motion to proceed
in forma pauperis [ECF No. 4] is GRANTED.
FURTHER ORDERED that the plaintiff must pay an initial filing
fee of $16 within twenty-one (21) 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
no later than twenty-one (21) ...