United States District Court, E.D. Missouri, Northern Division
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. Having reviewed
plaintiff's financial information, the Court assesses a
partial initial filing fee of $35, which is twenty percent of
her average monthly deposit. See 28 U.S.C. §
1915(b). Additionally, the Court will dismiss some of
plaintiff's claims under 28 U.S.C. § 1915(e).
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.
is an inmate at the Women's Eastern Diagnostic and
Correctional Center. She brings this action for deliberate
indifference to her serious medical needs. She alleges that
she has a host of medical problems, some of which are the
result of breast cancer. She says that Corizon has a policy
of denying inmates medical care in order to increase its
profits. And she claims that defendants Dr. Justin Jones and
Danielle Halterman have refused to provide her the necessary
treatment for her condition. The remaining defendants appear
to have been involved in the grievance process or are
Court finds that the complaint states a plausible claim
against Corizon, Jones, and Halterman. As a result, the Court
will direct the Clerk to serve these defendants with process.
Corizon Dental Services is the same entity as Corizon
Medical. Therefore, the Court will dismiss this defendant.
under § 1983 requires a causal link to, and direct
responsibility for, the alleged deprivation of rights.”
Madewell v. Roberts, 909 F.2d 1203, 1208 (8th Cir.
1990); 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
violation.”). Plaintiff has not alleged facts showing
that defendants Marilyn Horn-Hubert, T.K. Bredeman, J.
Cofield, or S. Moeller were involved in denying her medical
requests. So, these defendants must be dismissed under 28
U.S.C. § 1915(e).
IT IS HEREBY ORDERED that plaintiff's motion to proceed
in forma pauperis [ECF No. 3] is GRANTED.
FURTHER ORDERED that the plaintiff must pay an initial filing
fee of $35 within twenty-one (21) days of the date of this
Order. Plaintiff is instructed to make her remittance payable
to “Clerk, United States District Court, ” and to
include upon it: (1) her name; (2) her 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 serve process
on defendants Corizon Medical, LLC, Dr. Justin Jones