United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
C. HAMILTON UNITED STATES DISTRICT JUDGE.
matter is before the Court upon the motion of plaintiff
Cartez Huntley (registration no. 55352), an inmate at St.
Louis County Justice Center, for leave to commence this
action without payment of the required filing fee. For the
reasons stated below, the Court finds that the plaintiff does
not have sufficient funds to pay the entire filing fee and
will assess an initial partial filing fee of $1.19.
See 28 U.S.C. § 1915(b)(1). Furthermore, after
reviewing the complaint, the Court will partially dismiss the
complaint and will order the Clerk to issue process or cause
process to be issued on the non-frivolous portions of the
U.S.C. § 1915(b)(1)
to 28 U.S.C. § 1915(b)(1), a prisoner bringing a civil
action in forma pauperis is required to pay the full amount
of the filing fee. If the prisoner has insufficient funds in
his or her prison account to pay the entire fee, the Court
must assess and, when funds exist, collect an initial partial
filing fee of 20 percent of the greater of (1) the average
monthly deposits in the prisoner's account, or (2) the
average monthly balance in the prisoner's account for the
prior six-month period. After payment of the initial partial
filing fee, the prisoner is required to make monthly payments
of 20 percent of the preceding month's income credited to
the prisoner's account. 28 U.S.C. § 1915(b)(2). The
agency having custody of the prisoner will forward these
monthly payments to the Clerk of Court each time the amount
in the prisoner's account exceeds $10, until the filing
fee is fully paid. Id.
has submitted an amended motion for in forma pauperis
indicating that his six-month account balance is $35.70, with
an average monthly balance of $5.95. The Court finds that
plaintiff has insufficient funds to pay the entire filing
fee. Accordingly, the Court will assess an initial partial
filing fee of $1.19, which is 20 percent of plaintiff's
average monthly balance.
U.S.C. § 1915(e)
to 28 U.S.C. § 1915(e)(2)(B), the Court must dismiss a
complaint filed in forma pauperis if the action is frivolous,
malicious, fails to state a claim upon which relief can be
granted, or seeks monetary relief from a defendant who is
immune from such relief. An action is frivolous if it Alacks
an arguable basis in either law or fact.''
Neitzke v. Williams, 490 U.S. 319, 328 (1989);
Denton v. Hernandez, 504 U.S. 25, 31 (1992). An
action is malicious if it is undertaken for the purpose of
harassing the named defendants and not for the purpose of
vindicating a cognizable right. Spencer v. Rhodes,
656 F.Supp. 458, 461-63 (E.D. N.C. 1987), aff'd
826 F.2d 1059 (4th Cir. 1987). A complaint fails to state a
claim if it does not plead Aenough facts to state a claim to
relief that is plausible on its face.'' Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007).
brings this action pursuant to 42 U.S.C. § 1983 alleging
violations of his civil rights. Plaintiff names St. Louis
County Justice Services, Lieutenant O'Brien, Correctional
Officer Stuart, Captain Robinson, Lieutenant Drews,
Correctional Officer Means, Correctional Officer Humphreys,
Correctional Officer Phillips and Captain Jett, St. Louis
County Mental Health and St. Louis County Health Department
as defendants in this action. Plaintiff sues defendants in
their official and individual capacities.
asserts that on June 2, 2017, he was incarcerated at St.
Louis County Justice Department. He claims that Correctional
Officer Stuart was assisting a nurse who was passing out
medication in his housing unit around 8:00 a.m.. He asserts
that he told Officer Stuart when she came to his cell that he
needed assistance because he had self-mutilated. Plaintiff
alleges that Officer Stuart told him that she notified
Lieutenant O'Brien of his condition. Plaintiff asserts
that Lieutenant O'Brien told plaintiff at that time, to
“go ahead and eat on [his] arms.” Plaintiff
states that Lieutenant O'Brien invited him to hurt
himself more. Plaintiff also claims medical never came to his
cell to check on him that day, even though he asked Officer
Stuart for medical assistance.
claims that at the shift change, approximately 10:30 p.m.,
plaintiff asked to speak to Officer Reed about his
self-mutilation and “they came to get him” and
placed him on suicide watch. Plaintiff claims that Captain
Robinson came to speak with him at that time, but nothing was
done about Lieutenant O'Brien's taunts. Plaintiff
believes that this was wrong.
seeks thirty million dollars in monetary relief in this
Court will issue process on plaintiff's individual
capacity claims against Officer Stuart and Lieutenant
O'Brien for deliberate indifference to his ...