United States District Court, E.D. Missouri, Southeastern Division
MEMORANDUM AND ORDER
STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE
seeks leave to proceed in forma pauperis in this civil action
under 42 U.S.C. § 1983. The motion is granted.
Furthermore, based upon a review of the complaint, the Court
finds that the complaint should be dismissed under 28 U.S.C.
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.
a frequent filer of civil lawsuits in this Court, brings this
complaint, alleging "fraud on the court." In his
statement of the claim, he lists the following:
1. There was fraud upon the Court
2. The Court lacked jurisdiction to enter void judgment
3. The Sheriff was in contempt of Court
4. There was intentional infliction of emotional distress
5. There was wrongful incarceration 6. There was inadequate
assistance of counsel
7. There was malicious abuse of process.
support, he states merely "see attached." Attached
to the complaint are seventy pages from plaintiffs state
court criminal proceeding. He includes grievances filed with
the Missouri Department of Corrections in 2007 regarding his
medical treatment in prison, correspondence with the Clerk of
the Missouri Supreme Court, and documents filed with the
Missouri Court of Appeals. In one document, ...