United States District Court, E.D. Missouri, Eastern Division
CLARENCE Z. HOWARD, Plaintiff,
UNKNOWN NAMED CEO, et al., Defendants.
MEMORANDUM AND ORDER
L. WHITE UNITED STATES DISTRICT JUDGE.
matter is before the Court on the motion of plaintiff
Clarence Z. Howard, an inmate at Missouri Eastern
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 will grant the motion and assess an
initial partial filing fee of $14.03. See 28 U.S.C.
§ 1915(b)(1). For the reasons explained below, this case
will be dismissed pursuant to 28 U.S.C. §
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
$70.16. The Court will therefore assess an initial partial
filing fee of $14.03, which is twenty percent of plaintiff s
average monthly deposit.
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, or fails to state a claim upon which
relief may be granted. 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 fails to state a claim upon which relief may 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).
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." Ashcroft v. Iqbal, 556 U.S. 662, 678
(2009). Determining whether a complaint states a plausible
claim for relief is a context-specific task that requires the
reviewing court to draw upon judicial experience and common
sense. Id. at 679. The court must assume the
veracity of well-pleaded facts, but need not accept as true
"[t]hreadbare recitals of the elements of a cause of
action, supported by mere conclusory statements."
Id. at 678 (citing Twombly, 550 U.S. at
555). In assessing whether an action is subject to dismissal
under 28 U.S.C. § 1915(e)(2)(B), courts may consider
materials that are attached to the complaint as exhibits.
Reynolds v. Dormire, 636 F.3d 976, 979 (8th Cir.
2011) (citations omitted), Fed.R.Civ.P. 10(c) ("A copy
of a written instrument that is an exhibit to a pleading is a
part of the pleading for all purposes.").
Court must liberally construe complaints filed by laypeople.
Estelle v. Gamble, 429 U.S. 97, 106 (1976). This
means that "if the essence of an allegation is
discernible, " the court should "construe the
complaint in a way that permits the layperson's claim to
be considered within the proper legal framework."
Solomon v. Petray, 795 F.3d 777, 787 (8th Cir. 2015)
(quoting Stone v. Harry, 364 F.3d 912, 914 (8th Cir.
2004)). However, even pro se complaints must allege facts
which, if true, state a claim for relief as a matter of law.
Martin v. Aubuchon, 623 F.2d 1282, 1286 (8th Cir.
1980). Federal courts are not required to assume facts that
are not alleged. See Stone v. Harry, 364 F.3d 912,
914-15 (8th Cir. 2004).
filed his civil rights complaint pursuant to 42 U.S.C. §
1983 against the following defendants: Unknown named Director
of Nursing at Fulton Reception Diagnostic Center
("FPDC"); Syed K. Inman, M.D. (Corizon); Unknown
Wiggins, M.D (Corizon); Unknown named Director of Nursing at
Northeast Correctional Center ("NECC"); Unknown
Gupta, M.D. (NECC); Unknown Reddy, M.D. (NECC); Unknown named
Director of Nursing (Farmington Correctional Center
("FCC")); Unknown Srinivasaraghavan, M.D. (FCC);
Ann Precythe (Director, Missouri Department of Corrections
("MoDOC")); Alana Boyles (Director of Adult
Institutions, MoDOC); Cindy Griffith (Deputy Division
Director, MoDOC); Scott O'Kelly (Director of Mental
Health, MoDOC); Unknown named CEO of Corizon Health Services,
LLC; Unknown named Corizon Board of Directors; and Unknown
named Medical Director, Supervisor of Corizon. Plaintiff
names all defendants in both their individual and official
alleges his Eighth Amendment rights were violated when
defendants prescribed him risperidone without disclosing its
alleged side effect of increasing a patient's risk of
developing gynecomastia, which is defined as an enlargement
or swelling of breast tissue in males.
states that he was prescribed risperidone in October 2014 to
treat his bipolar disorder. He was transferred to Missouri
Eastern Correctional Center at some point, where he was
informed on March 13, 2018 that risperidone increased his
risk of developing gynecomastia. At this time, he began to
become increasingly worried that he might develop
gynecomastia, "which ultimately resulted in full out
anxiety." Plaintiff states that on December 31, 2018, he
began having severe anxiety attacks "as a result of the
stress and worry from having been put directly at risk of
taking a medication which potentially caused gynecomastia by
relief, plaintiff seeks actual damages of $2.5 million
"because [he] suffer[s] from mental/psychological injury
this will be a lifelong effect on me." He also ...