United States District Court, E.D. Missouri, Southeastern Division
DAVID A. YOUNGBLOOD, Plaintiff,
CORIZON, et al., Defendants.
MEMORANDUM AND ORDER
L. WHITE, UNITED STATES DISTRICT JUDGE
matter is before the Court upon the motion of plaintiff
(registration no. 47281), 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 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).
determine whether an action fails to state a claim upon which
relief can be granted, the Court must engage in a two-step
inquiry. First, the Court must identify the allegations in
the complaint that are not entitled to the assumption of
truth. Ashcroft v. Iqbal, 129 S.Ct. 1937, 1950-51
(2009). These include "legal conclusions" and
"[t]hreadbare recitals of the elements of a cause of
action [that are] supported by mere conclusory
statements." Id. at 1949. Second, the Court
must determine whether the complaint states a plausible claim
for relief. Id. at 1950-51. This is a
"context-specific task that requires the reviewing court
to draw on its judicial experience and common sense."
Id. at 1950. The plaintiff is required to plead
facts that show more than the "mere possibility of
misconduct." Id. The Court must review the
factual allegations in the complaint "to determine if
they plausibly suggest an entitlement to relief."
Id. at 1951. When faced with alternative
explanations for the alleged misconduct, the Court may
exercise its judgment in determining whether plaintiffs
proffered conclusion is the most plausible or whether it is
more likely that no misconduct occurred. Id. at
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: Corizon; J. Cofield
(Medical Director); Southeast Correctional Center; Molly
Unknown (Director of Nursing); Briana Unknown (Nurse); Jason
Unknown (Nurse); Jackie Unknown (Nurse); Linda Unknown
(Nurse); Dr. Unknown Tipton; Roxanne Unknown (Director of
Nursing); T. Bredeman (Director of Medical Care). Plaintiff
brings this action against the defendants in both their
individual and official capacities.
Plaintiffs Attempts to Seek Medical Care for Kidney
asserts that in April of 2018, he began having sharp pains on
his left and right sides. After withstanding the pains for
three days, he self-declared a medical emergency. He states
that Nurse Jason told him it was probably a urinary tract
infection but "didn't do anything" and sent him
back to his housing unit.
states a day later, he again self-declared a medical
emergency and saw Nurse Linda, who took his vitals and stated
his call was "not an emergency" and sent him back
to his housing unit.
claims that the next day, he again self-declared a medical
emergency, and he saw Nurse Lameda, who examined him and did
a urinalysis and found blood in his urine. She then called
the on-call doctor who told Nurse Lameda to give him a pain