United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
W. SIPPEL, 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 $42.00, 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.
alleges that the Phelps County Jail is overcrowded and that
the inmates there are being denied several of their
constitutional rights. However, the allegations are vague and
do not always relate to plaintiff’s injuries. For
example, plaintiff alleges that the inmates are not allowed
to attend any religious services, but he does not claim that
he has any religious beliefs or what those beliefs require of
him. As a result, plaintiff must file an amended complaint
that specifically sets forth his own claims and injuries.
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.
the complaint must comply with Rules 8 and 10 of the Federal
Rules of Civil Procedure. Rule 8(a) requires that the
complaint contain “a short and plain statement of the
claim showing that [plaintiff] is entitled to relief . .
.” And Rule 10(b) requires a plaintiff to “state
[his] claims . . . in numbered paragraphs, each limited as
far as practicable to a single set of circumstances.”
Plaintiff must not attempt to bring claims on behalf of other
IT IS HEREBY ORDERED that plaintiffs motion
to proceed in forma pauperis [ECF No 5] is
IS FURTHER ORDERED that plaintiff must pay an
initial filing fee of $42.00 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 number; (3) the case number; and (4) that
the remittance is for an original proceeding.
IS FURTHER ORDERED that the Clerk is directed to
send plaintiff a prisoner civil rights complaint form.
IS FURTHER ORDERED that plaintiff must submit an
amended complaint no later than twenty-one (21) days from the
date of this Order.
plaintiff fails to comply with this Order, the Court will
dismiss this ...