United States District Court, E.D. Missouri, Southeastern Division
GEORGE F. ALDRIDGE, JR., Plaintiff,
LEE BROWNING, et al., Defendants.
MEMORANDUM AND ORDER
CRITES-LEONI UNITED STATES MAGISTRATE JUDGE.
matter is before the Court on the motion of plaintiff George
F. Aldridge, Jr., an inmate at the Eastern Reception,
Diagnostic and Correctional Center, for leave to commence
this civil action without prepayment of the required filing
fee. Having reviewed the motion and the financial information
submitted in support, the Court has determined to grant the
motion, and assess an initial partial filing fee of $1.22.
See 28 U.S.C. § 1915(b)(1). In addition, for
the reasons explained below, the Court will direct plaintiff
to file an amended 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 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 $10.00, until the
filing fee is fully paid. Id.
support of the instant motion, plaintiff submitted an inmate
account statement showing an average monthly deposit of $6.10
and an average monthly balance of $5.04. The Court will
therefore assess an initial partial filing fee of $1.22,
which is twenty percent of plaintiffs average monthly
Standard on Initial Review
28 U.S.C. § 1915(e)(2)(B), the Court is required to
dismiss a complaint filed in forma pauperis if it 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 "lacks an arguable basis in either law
or fact." Neitzke v. Williams, 490 U.S. 319,
328 (1989). 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). 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, 550 U.S. 544, 570 (2007).
Federal Rules of Civil Procedure provide, in relevant part,
that a complaint must contain "a short and plain
statement of the claim showing that the pleader is entitled
to relief and a "demand for the relief sought."
Fed.R.Civ.P. 8(a). They also provide that "each
allegation must be simple, concise, and direct." Fed. R
Civ. P. 8(d)(1).
instant complaint spans a total of 69 pages, most of which
are typewritten and single-spaced. It contains 156 numbered
paragraphs, followed by an additional ten pages containing
claims and plaintiffs prayer for relief. It brims with
irrelevant, redundant, and overly detailed information. Even
if the Court were to direct service of process to be issued,
the amended complaint would fail to give the defendants
sufficient notice of the claims asserted against them. The
Court recognizes that plaintiff is representing himself in
these proceedings, but even pro se plaintiffs are
expected to follow the Federal Rules of Civil Procedure.
See Ackra Direct Marketing Corp. v. Fingerhut Corp.,
86 F.3d 852, 856-57 (8th Cir. 1996).
will be given the opportunity to file an amended complaint.
Plaintiff must prepare the amended complaint using a
Court-provided form, and he must specify whether he intends
to sue each defendant in an official capacity, individual
capacity, or both. In the "Caption" section of the
form complaint, plaintiff should write the name of the
defendants) he wishes to sue. In the "Statement of
Claim" section, plaintiff should begin by writing the
first defendant's name. In separate, numbered paragraphs
under that name, plaintiff should write a short and
plain statement of the factual allegations supporting
his claim against that defendant. If plaintiff is suing more
than one defendant, he should do the same thing for each one,
separately writing each defendant's name and, under that
name, a short and plain statement of the factual
allegations supporting his claim against that defendant.
Plaintiff is reminded that each of his allegations must be
simple, concise, and direct. He may not amend his
complaint by referring to, or trying to incorporate, other
must file his amended complaint within thirty (30) days of
the date of this Memorandum and Order. The filing of the
amended complaint will completely replace the original
complaint. E.g., In re Wireless Telephone Federal Cost
Recovery Fees Litigation, 396 F.3d 922, 928 (8th Cir.
2005). Plaintiffs failure to timely comply with this
Memorandum and Order may result in the dismissal of this case
with prejudice. See Micklus v. Greer, 705 F.2d 314,
317 n. 3 (8th Cir. 1983) (if a plaintiff persistently fails
to comply with Rule 8(a), a district court is justified in
dismissing an action with prejudice).
IT IS HEREBY ORDERED that plaintiffs motion
to proceed in forma pauperis (Docket No. 2) is
IS FURTHER ORDERED that plaintiff must pay an
initial filing fee of $1.22 within thirty (30) 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 ...