United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
CATHERINE D. PERRY UNITED STATES DISTRICT JUDGE
matter is before the Court upon the motion of Rayfield
Johnson, a detainee at the Sexual Offender Rehabilitation and
Treatment Services (“SORTS”), for leave to
commence this action without prepayment of the filing fee
pursuant to 28 U.S.C. § 1915. Upon consideration of the
financial information provided with the motion, the Court
finds that plaintiff is financially unable to pay any portion
of the filing fee. As a result, plaintiff will be granted
leave to proceed in forma pauperis pursuant to 28 U.S.C.
§ 1915. Additionally, the Court has reviewed the
complaint and will dismiss it pursuant to 28 U.S.C.
U.S.C. § 1915(e)
to 28 U.S.C. § 1915(e)(2)(B), the Court may dismiss a
complaint filed in forma pauperis if the action is frivolous,
malicious, fails to state a claim upon which relief can be
granted, or seeks monetary relief against a defendant who is
immune from such relief. An action is legally frivolous if
“it lacks an arguable basis in either law or in
fact.” Neitzke v. Williams, 490 U.S. 319, 328
(1989). An action is factually frivolous if the facts alleged
are “clearly baseless”; alleged facts are clearly
baseless if they are “fanciful, ”
“delusional, ” or “fantastic.”
Denton v. Hernandez, 504 U.S. 25, 32-33 (1992). An
action fails to state a claim upon which relief can be
granted if does not plead “enough facts to state a
claim to relief that is plausible on its face.”
Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955, 1974
brings this action against the Missouri Department of Mental
Health, Fulton State Hospital and the Missouri State
Government. He also names Governor Jeremiah Jay Nixon as a
defendant in this action, as well as Director of the Dept. of
Mental Health, Mark Stringer, and former Director, Keith
asserts that defendants are liable for his physical and
mental “psychiatric abuse, emotional distress and
mental suffering.” Plaintiff states that defendants
failed to have his mother contacted and have misappropriated
state funds by using banks and lending to private sources.
Plaintiff does not believe money is being used in the SORTS
program for real therapies, and he states that millions of
dollars are being defrauded from the federal government.
instant action will be dismissed as factually frivolous under
Denton v. Hernandez, 504 U.S. 25, 32-33 (1992).
Additionally, a claim against the Missouri Department of
Mental Health and Fulton State Hospital is, in effect, a
claim against the State of Missouri. The State of Missouri,
however, is absolutely immune from liability under 42 U.S.C.
§ 1983. See Will v. Michigan Dept. of State
Police, 491 U.S. 58, 63 (1989). Similarly,
plaintiff's claims against the individual defendants in
their official capacity are also subject to dismissal.
Id. Plaintiff's claims against the individual
defendants in their individual capacity are subject to
dismissal because plaintiff has not set forth any facts
indicating that any of the named defendants were directly
involved in or personally responsible for the alleged
violations of his constitutional rights. See Madewell v.
Roberts, 909 F.2d 1203, 1208 (8th Cir. 1990); see
also Martin v. Sargent, 780 F.2d 1334, 1338 (8th Cir.
1985) (claim not cognizable under § 1983 where plaintiff
fails to allege defendant was personally involved in or
directly responsible for incidents that injured plaintiff);
Boyd v. Knox, 47 F.3d 966, 968 (8th Cir. 1995)
(respondeat superior theory inapplicable in § 1983
IT IS HEREBY ORDERED that plaintiffs motion
to proceed in forma pauperis [Doc. #2] is
IS FURTHER ORDERED that the Clerk shall not issue
process or cause process to issue upon the complaint because
the complaint is legally frivolous or fails to state a claim
upon which relief can be granted, or both.
IS FURTHER ORDERED that plaintiffs motion for
appointment of counsel [Doc. #3] is DENIED AS
appropriate Order of Dismissal shall accompany this