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
(registration no. 76948), 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 plaintiff does not have
sufficient funds to pay the entire filing fee and will assess
an initial partial filing fee of $43.11. See 28
U.S.C. § 1915(b)(1). Furthermore, after reviewing the
complaint, the Court will order the Clerk to issue process or
cause process to be issued on a portion of the complaint. The
Court will also partially dismiss several claims and parties
to this action.
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. Accordingly, the
Court will assess an initial partial filing fee of $43.11,
which is 20 percent of plaintiff's average monthly
U.S.C. § 1915(e)
to 28 U.S.C. § 1915(e)(2)(B), the Court may 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 against a defendant who is
immune from such relief. An action is frivolous if “it
lacks an arguable basis in either law or in fact.”
Neitzke v. Williams, 490 U.S. 319, 328 (1989). An
action fails to state a claim upon which relief can be
granted if it does not plead “enough facts to state a
claim to relief that is plausible on its face.”
Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955, 1974
reviewing a pro se complaint under § 1915(e)(2)(B), the
Court must give the complaint the benefit of a liberal
construction. Haines v. Kerner, 404 U.S. 519, 520
(1972). The Court must also weigh all factual allegations in
favor of the plaintiff, unless the facts alleged are clearly
baseless. Denton v. Hernandez, 504 U.S. 25, 32-33
(1992); Scheuer v. Rhodes, 416 U.S. 232, 236 (1974).
who is currently incarcerated at St. Louis County Justice
Center, brings this action pursuant to 42 U.S.C. § 1983
alleging violations of his civil rights. Named as defendants
are the St. Louis County Department of Justice, Herbert
Bernsen and Amy Janssen (Nurse). Plaintiff sues defendants in
their individual and official capacities.
claims that he has been incarcerated at the County Jail for
over six months. He asserts that he has lost weight and
“many nights of sleep” and he “endures pain
on a daily basis” as a result of the Jail refusing to
assist him with his dental needs.
asserts that he has several cavities and infections in his
teeth,  which hurt so bad it makes it difficult
for him to “finish a meal.” He states that he has
completed dentist forms on over ten occasions, but no dental
care has been given to him. He purports that two of his teeth
are “broken down to the gum, ” and on one of the
teeth, his nerve is exposed, making it difficult to function.
Plaintiff alleges that although he has suffered with these
same issues for over six months, it wasn't until December
2017, that he was told by defendant Janssen that the Jail
would set up with an appointment to see the dentist for him.
Plaintiff claims that the appointment was not set until he
appealed a grievance to defendant Herbert Bernsen. Plaintiff
states that he did not receive a response from defendant
Bernsen relative to his grievance.
seeks monetary damages ...