United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
W. SIPPPEL 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 $25, which is twenty percent of
his average monthly deposit. See 28 U.S.C. §
1915(b). Additionally, this action is dismissed 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.
Zackary Whitehead gave plaintiff a conduct violation on
August 1, 2016, for engaging in a conspiracy to introduce
marijuana into the institution. The violation was issued
subsequent to an investigation of plaintiff's phone
records, in which an investigator heard plaintiff talking to
a man who said he would give marijuana to a woman on July 27,
2016, so she could deliver it to the prison.
August 5, 2016, defendant Jason Pullman held a violation
hearing. Plaintiff explained to Pullman that he had not been
talking about marijuana on the phone but that he had been
referring to a CD by Gucci Mane that he had recently ordered
by mail. Pullman found plaintiff guilty and referred him to
disciplinary segregation for twenty days and then to
administrative segregation. Plaintiff says his due process
rights were violated because he was not allowed to introduce
evidence at the hearing.
state a claim under § 1983 for unconstitutional
placement in administrative segregation, a prisoner
“must show some difference between his new conditions
in segregation and the conditions in the general population
which amounts to an atypical and significant hardship.”
Phillips v. Norris, 320 F.3d 844, 847 (8th Cir.
2003). Plaintiff has made no such allegations. E.g.,
Hemphill v. Delo, 124 F.3d 208 (8th Cir. 1997)
(unpublished) (four days locked in housing unit, thirty days
in disciplinary segregation, and approximately 290 days in
administrative segregation not atypical or significant). As a
result, the complaint fails to state a claim upon which
relief can be granted.
plaintiff has not alleged that defendants Matthew Pultz or
Jonna Grubbs were involved in his placement in segregation.
As a result, the complaint is legally frivolous with regard
to these defendants. 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.”).
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 $25 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