United States District Court, E.D. Missouri
MEMORANDUM AND ORDER
STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE
matter is before the Court upon the motion of plaintiff
Leslie Allen Achter, a prisoner in St. Francis County Jail,
for leave to commence this action without prepayment of the
filing fee. [Doc. #2] The Court will assess an initial
partial filing fee of $1.00. In addition, the Court will allow
plaintiff the opportunity to submit an amended complaint.
28 U.S.C. § 1915(e)(2), 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. A pleading that offers “labels
and conclusions” or “a formulaic recitation of
the elements of a cause of action will not do, ” nor
will a complaint suffice if it tenders bare assertions devoid
of “further factual enhancement.” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)).
conducting initial review pursuant to § 1915(e)(2), the
Court must accept as true the allegations in the complaint,
and must give the complaint the benefit of a liberal
construction. Haines v. Kerner, 404 U.S. 519, 520
(1972). However, the tenet that a court must accept the
allegations as true does not apply to legal conclusions,
Iqbal, 556 U.S. at 678, and affording a pro
se complaint the benefit of a liberal construction does
not mean that procedural rules in ordinary civil litigation
must be interpreted so as to excuse mistakes by those who
proceed without counsel. See McNeil v. U.S., 508
U.S. 106, 113 (1993). Even pro se complaints are
required to allege facts which, if true, state a claim for
relief as a matter of law. Martin v. Aubuchon, 623
F.2d 1282, 1286 (8th Cir. 1980); see also Stone v.
Harry, 364 F.3d 912, 914-15 (8th Cir. 2004) (federal
courts are not required to “assume facts that are not
alleged, just because an additional factual allegation would
have formed a stronger complaint”).
brings this action pursuant to 42 U.S.C. § 1983 to
redress violations of his civil rights, and names
“Unknown Sheriff” and “Circuit Court
Judge” and “Mr. Sandy Martinez” as
defendants in the caption of his complaint.
complaint is handwritten and difficult to decipher. However,
it appears that plaintiff is alleging that Circuit Judge
Sandy Martinez purportedly violated his civil rights by
allowing Sheriff D.R. Bullock to arrest him for a probation
currently written, the complaint is legally frivolous against
Circuit Judge Sandy Martinez because judges are
“entitled to absolute immunity for all judicial actions
that are not ‘taken in a complete absence of all
jurisdiction.'” Penn v. United States, 335
F.3d 786, 789 (8th Cir. 2003) (quoting Mireles v.
Waco, 502 U.S. 9, 11-12 (1991)). Additionally, plaintiff
has not indicated that there was anything deficient in his
arrest by Sheriff Bullock. Further, the complaint is defective
because it was not drafted on the Court's form.
See E.D. Mo. Local Rule 2.06(A).
plaintiff is proceeding pro se, the Court will allow
him to file an amended complaint. Plaintiff is warned that
the filing of an amended complaint replaces the original
complaint, and so it must include all claims plaintiff wishes
to bring. E.g., In re Wireless Telephone Federal
Cost Recovery Fees Litigation, 396 F.3d 922, 928 (8th
Cir. 2005). Plaintiff must submit the amended complaint on a
court-provided form, and the amended complaint must comply
with Rules 8 and 10 of the Federal Rules of Civil Procedure.
“Caption” section of the amended complaint,
plaintiff must state the first and last name, to the extent
he knows it, of each defendant he wishes to sue. Plaintiff
should also indicate whether he intends to sue each defendant
in his or her individual capacity, official capacity, or
“Statement of Claim” section, plaintiff should
begin by writing the first defendant's name. In separate,
numbered paragraphs under that name, plaintiff should set
forth the specific factual allegations supporting his claim
or claims against that defendant, as well as the
constitutional right or rights that defendant violated.
Plaintiff should only include claims that arise out of the
same transaction or occurrence, or simply put, claims that
are related to each other. See Fed. R. Civ. P.
20(a)(2). Alternatively, plaintiff may choose a single
defendant and set forth as many claims as he has against that
defendant. See Fed. R. Civ. P. 18(a).
plaintiff is suing more than one defendant, he should proceed
in the same manner with each one, separately writing each
individual defendant's name and, under that name, in
numbered paragraphs, the allegations specific to that
particular defendant and the right(s) that defendant
violated. Plaintiff's failure to make specific and
actionable allegations against any defendant will result in
that defendant's dismissal from this case.
IT IS HEREBY ORDERED that plaintiff's
motion to proceed in forma ...