United States District Court, E.D. Missouri, Southeastern Division
MEMORANDUM AND ORDER
STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE.
matter is before the Court upon the motion of plaintiff
Lamont Williamson (registration no. 363930), an inmate at
Southeast Correctional Center (“SECC”), 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 $1.00. 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 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 not submitted a prison account statement. As a result,
the Court will require plaintiff to pay an initial partial
filing fee of $1.00. See Henderson v. Norris, 129
F.3d 481, 484 (8th Cir. 1997) (when a prisoner is unable to
provide the Court with a certified copy of his prison account
statement, the Court should assess an amount “that is
reasonable, based on whatever information the court has about
the prisoner's finances.”). If plaintiff is unable
to pay the initial partial filing fee, he must submit a copy
of his prison account statement in support of his claim.
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).
an inmate at SECC, brings this action pursuant to 42 U.S.C.
§ 1983, alleging violations of his civil rights.
Plaintiff has named the following as defendants in this
action: Corizon, Inc.; Ian Wallace (Warden); Mina Massey
(Doctor); Dana Degen (Nurse); and John and Jane Doe
Nurses. Plaintiff sues defendants in their
individual capacities only.
asserts that between the end of September 2013 and June of
2014, he had severe bleeding symptoms in his right nostril.
He claims that his bleeding symptoms were so severe on two
occasions that he was taken to the emergency room from the
prison in order to have procedures done to stop the bleeding.
Plaintiff states that the doctor at the emergency room, on
each occasion, told plaintiff that he needed to see a
specialist for his “tumor” in his nostril, and
the ER doctor referred him to an outside ENT doctor each
asserts, however, that each time he returned to the prison,
Doctor Nina Massey disregarded the ER doctor's
instructions and failed to allow him to see an ENT specialist
for the “tumor, ” or even treat the pain
associated with the “tumor” besides giving him
ice and tylenol. Plaintiff alleges that after each procedure
at the emergency room he was left in tremendous pain, and Dr.
Massey failed to provide him with the pain medication given
to him by the emergency room physicians, which consisted of
medicine containing codeine. Plaintiff claims that Dr. Massey
told him it was up to her discretion whether he should be
treated or not. As the events described in the complaint
occurred as far back as 2014, plaintiff does not state
whether he eventually received treatment for the condition in
his nose, from Dr. Massey or another doctor. Plaintiff does
allege that Dr. Massey was fired as a physician from Corizon
after she retaliated against him and filed a conduct
violation against him for filing medical informal resolution
requests. Although plaintiff mentions that occurrence, he has
not stated the facts surrounding the alleged retaliation in
his complaint, thus the Court will not include that as a
claim in this action.
has not made any additional allegations against the other
defendants in this action, stating only that he believes that
Dana Degen stood and watched his verbal altercation with Dr.
Massey, “presumably so she could be a hostile witness
request for relief, plaintiff seeks monetary damages ...