United States District Court, E.D. Missouri, Southeastern Division
MEMORANDUM AND ORDER
STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE.
a prisoner currently incarcerated at Southeast Correctional
Center (“SECC”), seeks leave to proceed in forma
pauperis in this civil action brought pursuant to 42 U.S.C.
§ 1983. Having reviewed plaintiff's financial
information, the Court assesses a partial initial filing fee
of $1.98, which is twenty percent of his average monthly
deposit. See 28 U.S.C. § 1915(b).
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.
who is currently incarcerated at SECC, brings this action
against twenty-nine defendants (29). Plaintiff's
complaint, with exhibits, makes up almost one-hundred (100)
pages of handwritten allegations. The complaint does not
comply with Rule 8 of the Federal Rules of Civil Procedure,
which requires that the complaint contain “a short and
plain statement of the claim showing that [plaintiff] is
entitled to relief.” The complaint is often vague,
conclusory, and repetitive. At times it refers to
“defendants, ” without specifying which defendant
it is referring to.
gist of plaintiff's assertions seem to be that he has
been denied the right to file a grievance and/or a grievance
appeal on several different occasions while incarcerated at
addition to his original complaint, plaintiff has five
motions to supplement and/or amend his complaint, by either
adding additional defendants, or removing defendants or
adding to the allegations in his complaint.
Court does not accept amendments by interlineation or
supplementation. See Popoalii v. Correctional Medical
Services, 512 F.3d 488, 497 (8th Cir.2008). Indeed,
plaintiff's action, as it is currently outlined, appears
to be legally frivolous. Nevertheless, because plaintiff is
proceeding pro se, the Court will allow plaintiff to file an
amended complaint on a Court form. Plaintiff shall have
thirty (30) days from the date of this Order to file an
amended complaint in accordance with the specific
instructions set forth herein.
claims in an action must be included in one, centralized
complaint form, as neither the court nor defendants wish to
search through supplemental and prior pleadings in order to
piece together plaintiff's claims. Because plaintiff has
named so many defendants, the Court will require plaintiff to
create a separate section in the amended complaint for each
defendant. Each defendant's section shall contain all of
the relevant facts and allegations pertaining to that
defendant, i.e., what alleged wrongs that defendant committed
against plaintiff. The amended complaint should not include
any extraneous facts and should not contain legal arguments
is warned that the filing of an amended complaint replaces
the original complaint and all previously-filed pleadings,
and so he must include each and every one of the claims he
wishes to pursue in the amended complaint. See, 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, supplements, and/or
pleadings that are not included in the amended complaint will
be deemed abandoned and will not be considered. Id.
If plaintiff wishes to sue defendants in their individual
capacities, plaintiff must specifically say so in the amended
complaint. If plaintiff fails to sue defendants in their
individual capacities, this action may be subject to
plaintiff fails to file an amended complaint on a Court form
within thirty days in accordance with the Court's
instructions, the Court will dismiss this action without
prejudice and without further notice.
IT IS HEREBY ORDERED that plaintiff's motion to proceed
in forma ...