United States District Court, E.D. Missouri, Northern Division
ANDRE L. FULSON, Plaintiff,
TAMARA ANDERSON, et al., Defendants.
MEMORANDUM AND ORDER
CATHERINE D. PERRY, UNITED STATES DISTRICT JUDGE.
a prisoner, seeks leave to proceed in forma pauperis in this
civil action under 42 U.S.C. § 1983 and the Americans
with Disabilities Act. Having reviewed plaintiff's
financial information, the Court assesses a partial initial
filing fee of $41, which is twenty percent of his average
monthly deposit. See 28 U.S.C. § 1915(b).
Additionally, the Court will order plaintiff to submit an
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 prison and medical
officials at the Northeastern Correctional Center. He
maintains that defendants interfered with his medical
treatment and retaliated against him.
Court cannot properly review the complaint because of the
manner in which it was drafted. Plaintiff lumps several
defendants together and says they “jointly and
severally” violated his rights. In doing so, he fails
to show that any of the particular defendants directly
contributed to the alleged violations. There are exceptions,
but much of the complaint fails to show which defendant
violated what right. To state a plausible claim for relief,
plaintiff must show how each and every defendant was
personally involved in the violation of his statutory and
constitutional rights. 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.”); George v.
Smith, 507 F.3d 605, 609 (7th Cir. 2007) (“Only
persons who cause or participate in the [constitutional]
violations are responsible. Ruling against a prisoner on an
administrative complaint does not cause or contribute to the
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 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. 2] is GRANTED.
FURTHER ORDERED that the plaintiff must pay an initial filing
fee of $41 within thirty (30) 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 complete the form and
return it to the Court within twenty-one (21) days from the
date of this Order.
FURTHER ORDERED that if plaintiff does not comply with this
Order, the Court may dismiss this ...