United States District Court, E.D. Missouri, Southeastern Division
MEMORANDUM AND ORDER
M. BODENHAUSEN UNITED STATES MAGISTRATE JUDGE.
matter comes before the Court on the motion of plaintiff
Cornelius Minor for leave to commence this civil action
without prepayment of the required filing fee. (Docket No.
6). Having reviewed the motion and the financial information
submitted in support, the Court has determined that plaintiff
lacks sufficient funds to pay the entire filing fee, and will
assess an initial partial filing fee of $15.08. See
28 U.S.C. § 1915(b)(1). Additionally, the Court will
deny plaintiff's motion to amend by interlineation.
is a pro se litigant currently incarcerated at the Pemiscot
County Jail in Caruthersville, Missouri. On April 15, 2019,
he filed a document with the Court that was construed as a
civil rights complaint pursuant to 42 U.S.C. § 1983.
(Docket No. 1). The complaint was not on a Court form.
Plaintiff subsequently sent a letter to the Court in which he
sought to correct defendant's name. (Docket No. 3).
1, 2019, the Court issued an order directing plaintiff to
file an amended complaint on a Court-provided form. (Docket
No. 4). Plaintiff was further ordered to either submit a
motion for leave to proceed to proceed in forma pauperis or
pay the filing fee.
complied by filing an amended complaint on May 15, 2019.
(Docket No. 5). He also filed a motion for leave to proceed
in forma pauperis, along with a certified inmate account
11, 2019, plaintiff sent a letter to the Court that has been
construed as a motion to amend his complaint by
interlineation. (Docket No. 9). In the letter, plaintiff
states that he “would like to make some changes to this
case.” Specifically, he seeks to “release”
defendant Torrence Akins from all charges while holding
defendant Pemiscot County Jail as the sole responsible party.
Plaintiff has not provided a proposed 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 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 the 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 a
certified inmate account statement. (Docket No. 7). The
certified inmate account statement shows an average monthly
deposit of $75.38. The Court will therefore assess an initial
partial filing fee of $15.08, which is 20 percent of
plaintiff's average monthly deposit.
to Amend by Interlineation
noted above, plaintiff has sent a letter to the Court that
has been construed as a motion to amend by interlineation.
The Court does not allow amendments to pleadings by
supplementation or interlineation. Popoalii v. Corr. Med.
Servs., 512 F.3d 488, 497 (8th Cir. 2008)
(holding “that granting leave to amend a complaint
where the plaintiff has not submitted a proposed amendment is
inappropriate”). As such, plaintiff's motion to
amend must be denied at this time. However, the Court will
direct the Clerk of Court to send to plaintiff a prisoner
civil rights complaint form. If plaintiff desires to file a
second amended complaint, he should fill out the form and
return it to the Court along with a motion to amend. He will
be given thirty days in which to do so.
IT IS HEREBY ORDERED that plaintiff's
motion for leave to proceed in forma pauperis (Docket No. 6)
IS FURTHER ORDERED that plaintiff must pay an
initial partial filing fee of $15.08 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) ...