Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Stewart v. Holder

United States District Court, E.D. Missouri, Southeastern Division

June 20, 2018

LANNY STEWART, Plaintiff,
v.
BOB HOLDER, et al., Defendants.

          MEMORANDUM AND ORDER

          JOHN A. ROSS UNITED STATES DISTRICT JUDGE

         This matter is before the Court upon the motion of plaintiff Lanny Stewart, an inmate at Dunklin 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 $1.00. See 28 U.S.C. § 1915(b)(1). Furthermore, based upon a review of the complaint, the Court finds that the complaint should be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B).

         28 U.S.C. § 1915(b)(1)

         Pursuant 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.

         Plaintiff has failed to provide the Court with a copy of his certified 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.

         28 U.S.C. § 1915(e)

         Pursuant 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 "lacks 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 "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).

         The Complaint

         Plaintiff Lanny Stewart brings this action pursuant to 42 U.S.C. § 1983 alleging violations of his civil rights. Plaintiff names the following individuals as defendants in this action: Bob Holder (Sheriff, Dunklin County); Nicole Green (Dunklin County Jail Administrator); Brandon Perkins; Daniel Ross[1]; and Marchasa Wheeler.[2] Plaintiff brings this lawsuit against defendants in their individual and official capacities.

         Plaintiff claims that the day after he entered the Dunklin County Jail on December 28, 2017, he was placed in a "suicide cell." He asserts that the toilet in the cell was consisted of a "hole in the floor" and was "only flushed once, maybe twice, in 24 hour period."

         Plaintiff also asserts that while in the "suicide cell" for a five-day period, he was not allowed to leave for a shower. He claims that he was only served water with his meals, and he alleges that at one point while he was in the cell, he asked for water for over three hours and annoyed Corrections Officer Brandon Perkins who told him, "I'm not bringing you any F-ing water, so shut up."[3]

         Last plaintiff states that when he entered the Dunklin County Jail he suffered from high blood pressure. He claims he took a certain medication for his blood pressure twice daily, and as of January 25, 2018 when he filed his complaint with the Court, "defendants" were failing to provide him with that particular blood pressure medication. However, plaintiff admits that "defendants" are providing him with three pills each morning and at night. Nonetheless, plaintiff complains that defendant Nicole Green has not told him the name of the particular medication he is taking.[4] Plaintiff also complains that he needs to have his blood pressure checked regularly, but he resists having to pay $15 for a "sick call" in order to have it checked.

         Plaintiff seeks $200, 000 in compensatory damages in this action for the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.