United States District Court, E.D. Missouri, Southeastern Division
MEMORANDUM AND ORDER
C. HAMILTON UNITED STATES DISTRICT JUDGE.
matter is before the Court upon the motion of plaintiff, an
inmate at the Cape Girardeau County Jail, 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
$24.74. 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 complaint.
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 affidavit and a certified copy of his prison
account statement for the six-month period immediately
preceding the submission of his complaint. A review of
plaintiff's account indicates that his average monthly
deposit is $123.74. Accordingly, his initial partial filing
fee is $24.74.
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. Named as defendants in this
action are: the Cape Girardeau County Sheriff's Office;
the Cape Girardeau County Jail; the Cape Girardeau County
Justice Center; the Cape Girardeau County Detention Center;
and Lieutenant T.C. Stevens. Plaintiff brings this action
against Lieutenant Stevens in his individual and official
claims that he was placed in C-Pod Cell 204 at the Cape
Girardeau County Detention Center by an unnamed correctional
officer on or about August 14, 2017. Plaintiff claims that
the officer, as well as his supervisor T.C. Stevens, knew
that the cell door did not lock from the outside and was a
safety concern in that other inmates could open the cell
without the consent of the correctional officers on duty.
Plaintiff states that he told several officers, including
Stevens about his concerns for his safety as a result of the
problems with the cell door failing to lock, but the cell
lock was not fixed, nor was he removed from the cell.
claims that around 2:00 a.m. on August 18, 2017, “more
than one inmate” came into plaintiff's cell and
beat him, utilizing their ability to open his cell from the
outside. Plaintiff states that he was badly beaten, two of
his teeth were knocked out, his shoulder was injured and he
had various bruising on his body. Plaintiff claims that he
submitted sick calls to the medical staff but his medical
needs were not treated. Plaintiff claims he also submitted
grievances about the incident to Lt. Stevens, but his
grievances were also not answered.
asserts that these defendants were deliberately indifferent
to his serious medical needs in violation of the Eighth
Amendment. He also claims that defendants failed to protect
him in violation of the Eighth Amendment.
seeks damages and injunctive ...