United States District Court, E.D. Missouri, Eastern Division
LAWRENCE M. EDWARDS, Plaintiff,
ELLIS MCSWAIN, et al., Defendants.
MEMORANDUM AND ORDER
SHIRLEY PADMORE MENSAH UNITED STATES MAGISTRATE 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 $29.00, which is twenty percent
of his average monthly deposit. See 28 U.S.C. §
1915(b). Additionally, plaintiff must file an amended
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 defendants retaliated against him for filing
grievances by delaying his entry into Phase II of the
Missouri Sexual Offender Program. As a result of the delay,
his conditional release date has been moved from February
2017 to August 2018.
complaint is tediously lengthy. It contains far too many
irrelevant allegations that have no relation to the actions
of the defendants. Rule 8 of the Federal Rules of Civil
Procedure requires that a complaint contain “a short
and plain statement of the claim showing that [plaintiff] is
entitled to relief . . .” The complaint does not comply
with the Rule, and therefore, the Court will require
plaintiff to submit an amended complaint.
state a prima facie case for First Amendment retaliation,
plaintiff must allege that he engaged in protected activity
and that defendants, to retaliate for the protected activity,
took adverse action against him that would chill a person of
ordinary firmness from engaging in that activity. See
Revels v. Vincenz, 382 F.3d 870, 876 (8th Cir. 2004),
cert. denied, 546 U.S. 860 (2005). Plaintiff must
limit his allegations to the requirements of stating a prima
facie case of retaliation. And he must show how each
defendant was personally responsible for the alleged
violations of his rights.
plaintiff does not comply with this Order, the Court will
dismiss this action. See Micklus v. Greer, 705 F.2d
314, 317 n. 3 (8th Cir. 1983).
IT IS HEREBY ORDERED that plaintiffs motion
to proceed in forma pauperis [ECF No. 2] is
IS FURTHER ORDERED that plaintiff must pay an
initial filing fee of $29.00 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 ...