United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
L. WHITE, UNITED STATES DISTRICT JUDGE
Larry Terrell Howard, a prisoner at Farmington Correctional
Center, seeks leave to proceed in forma pauperis in this
civil action under 42 U.S.C. § 1983. Having reviewed
plaintiffs financial information, the Court assesses a
partial initial filing fee of $17.17, which is twenty percent
of his average monthly deposits. See 28 U.S.C.
§ 1915(b). Based upon a review of the complaint, the
Court finds that the complaint should be dismissed pursuant
to 28 U.S.C. § 1915(e)(2)(B).
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.
brings this civil rights complaint against defendants St.
Louis County Justice Center and Correctional Officer Morris
Lewis. Plaintiff states that on a date between January 3,
2000 and March 31, 2000, defendant Lewis approached him in
the visiting booth of the St. Louis County Justice Center.
Plaintiff states that defendant Lewis "stuck his hand
out and down my prisoner shirt touching my chest area, asking
me was I alright, and how I was doing. Afterwards, he stated
'God bless you young man.'" Plaintiff states
that this conduct has caused him to be paranoid, emotionally
damaged, and stressed. For relief, plaintiff seeks a monetary
award of $650, 000.
1983 claims are analogous to personal injury clams and are
subject to Missouri's five-year statute of limitations.
See Sulik v. Taney County, Mo., 393 F.3d 765, 766-67
(8l Cir. 2005) (finding § 1983 claims subject
to Missouri's five-year statute of limitations for
personal injury claims); see also Mo. Rev. Stat.
§ 516.120(4). "Although the statute of limitations
is an affirmative defense, a district court may properly
dismiss an in forma pauperis complaint under 28 U.S.C. §
1915 when it is apparent the statute of limitations has
run." Myers v. Vogal, 960 F.2d 750, 751
(8th Cir. 1992) (per curiam).
complains of inappropriate contact with a correctional
officer that occurred on a date between January 3, 2000 and
March 31, 2000-more than seventeen years ago. To survive the
statute of limitations, plaintiff would have had to file this
§ 1983 claim, at the latest, by March 31, 2005.
Plaintiff filed this action on October 13, 2017. The Court
will dismiss plaintiffs complaint as frivolous based on the
expiration of the statute of limitations. See Myers,
960 F.2d at 751; 28 U.S.C. § 1915(e)(2)(B).
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 $17.17 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 this case is
DISMISSED without prejudice.
IS HEREBY CERTIFIED that an appeal from this