United States District Court, E.D. Missouri, Eastern Division
OPINION, MEMORANDUM AND ORDER
EDWARD AUTREY 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 $1.00. See 28 U.S.C.
§ 1915(b). Additionally, plaintiff must submit an
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.
is detained at Phelps County Jail, which is overcrowded. As a
result of the overcrowding, there are no religious services,
there are no opportunities for exercise, and the conditions
are unsanitary. He has gotten sick as a result.
are problems with the complaint. It does not comply with
Rules 8 or 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.”
it contains legal arguments and conclusions. Many of the
allegations do not directly pertain to the plaintiff or the
named defendants. And it is too long and repetitive.
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 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.
amended complaint must also comply with the requirements of
Rules 8 and 10. It must be plain and short. And it must set
out the claims in numbered paragraphs. If plaintiff fails to
properly amend his complaint, the Court will dismiss this
action without further proceedings.
IT IS HEREBY ORDERED that plaintiff's
motion to proceed in forma pauperis [ECF No. 2] is
IS FURTHER ORDERED that plaintiff must pay an
initial filing fee of $1.00 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 ...