United States District Court, E.D. Missouri, Eastern Division
ALEXANDER L. HARRIS, Plaintiff,
CORIZON MEDICAL, et al., Defendants.
MEMORANDUM AND ORDER
STEPHEN N. LIMBAUGH, 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 $3.00, which is twenty percent
of his average monthly deposit. See 28 U.S.C. §
1915(b). Additionally, the Court will require plaintiff to
submit an amended complaint.
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.
is detained at the St. Louis City Justice Center
(“SLCJC”). He brings this action against SLCJC
and Corizon for medical mistreatment. In November 2015, he
cracked a tooth while eating. Since then, he has suffered
from teeth pain, abscesses, headaches, dizziness, and stomach
aches. He says these conditions are ongoing.
claim against SLCJC is legally frivolous because it is not an
entity that is subject to a federal lawsuit. See Ketchum
v. City of West Memphis, Ark., 974 F.2d 81, 82 (8th Cir.
order to state a claim against Corizon, plaintiff must allege
that a policy, custom, or official action of Corizon was
responsible for his injuries. Sanders v. Sears Roebuck
& Co., 984 F.2d 972, 95-76 (8th Cir. 1993). There
are no such allegations. Therefore, the complaint fails to
state a claim upon which relief can be granted.
plaintiff is proceeding pro se, the Court will allow
plaintiff to file an amended complaint. Plaintiff 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 should name the individuals
responsible for his lack of medical care, and he must allege
how each and every defendant is directly responsible for the
alleged harm. In order to sue these defendants in their
individual capacities, plaintiff must specifically say so in
the complaint. If plaintiff fails to sue the individual
defendants in their individual capacities, this action may be
subject to dismissal.
IT IS HEREBY ORDERED that plaintiffs motion to proceed in
forma pauperis [ECF No 2] is GRANTED IT IS FURTHER ORDERED
that plaintiff must pay an initial filing fee of $3.00 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
FURTHER ORDERED that the Clerk is directed to send plaintiff
a prisoner civil rights complaint form.
FURTHER ORDERED that plaintiff must file an amended complaint
within twenty-one (21) days of the date of this Order.
plaintiff does not comply with this Order, the Court will