Salinas v. Mansfield et al
Filing
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's motion for leave to proceed in forma pauperis, Doc. 2 , is DENIED without prejudice. The Court orders Plaintiff to, within 21 days of the date of this Memorandum and Order either (1) p ay the filing $405 filing fee or (2) file a motion to proceed without prepaying the fees along with an accompanying certified inmate account statement for the six-month period immediately preceding the filing of the complaint. IT IS FURTHER ORDE RED that the Clerk shall provide Plaintiff with two copies of the Court-provided forms for filing prisoner civil rights complaints, as well as two copies of the Court-provided forms for seeking leave to proceed without prepaying fees in prisoner acti ons. IT IS FURTHER ORDERED that Plaintiff's motion for appointment of counsel, Doc. 3 , is DENIED at this time.IT IS FINALLY ORDERED that if Plaintiff fails to comply with this Order, this matter will be DISMISSED without prejudice. Signed by District Judge Sarah E. Pitlyk on 1/29/2025. (JMC)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
JORGE ALBERTO SALINAS,
v.
Plaintiff,
WILL MANSFIELD, et al.,
Defendants.
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No. 1:25-cv-00011-SEP
MEMORANDUM AND ORDER
Self-represented Plaintiff Jorge Salinas, an inmate currently incarcerated at Dunklin
County Justice Center in Kennett, Missouri, filed this civil rights action on January 14, 2025.
Doc. [1]. Plaintiff’s initial filing is deficient as set forth below.
Plaintiff moves to proceed without prepayment of filing fees but has not filed the required
copy of his prison account statement for the six-month period immediately preceding the filing
of this lawsuit. Doc. [2]. Because Plaintiff failed to provide his inmate account statement, the
Court denies the motion. The Court orders Plaintiff to, no later than 21 days from the date of
this Memorandum and Order, either (1) pay the $405 filing fee or (2) file a motion to proceed
without prepaying the fees along with a certified copy of his prison account statement. See 28
U.S.C. § 1915(a)(2). Failure to timely pay the filing fee or file a new motion accompanied by a
certified account statement will result in the Court dismissing this case without prejudice and
without further notice.
Plaintiff also must amend his complaint on a Court-provided form in a manner compliant
with this Order. See Local Rule 2.06(A). His initial filing does not make clear who the
defendants are in this action. In the caption of the form, Plaintiff names “Will Mansfield,”
“Dorothy” and the “Dunklin County Justice Center.” However, on pages 2-3 of the form, he has
designated only two defendants: “Will Mansfield, Correctional Officer” and “Star Dorothy,
Correctional Officer.” 1 Additionally, in Plaintiff’s “Statement of Claim,” he appears to describe
an altercation that arose between himself and another inmate in March of 2024, during which
Officer Dorothy is alleged to have tased him. Doc. [1] at 4. Plaintiff alleges that he was then
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It is also unclear in what capacity Plaintiff is suing defendants.
placed in a cell without medical attention but fails to indicate what injury he sustained that
required medical care. Id. Additionally, he purports that he was denied Tylenol on an
unspecified date, but does not indicate why he needed the Tylenol, whom he asked for the
Tylenol, or why it was allegedly denied. Id. Thus, it is unclear whether he is asserting a
negligence claim against an unknown defendant or if this is a different claim altogether. Plaintiff
also purports to assert a due process claim, alleging that he “did 60 days from March-May,” but
fails to articulate how this “60 days” may have violated his Fourteenth Amendment rights. Id.
Last, Plaintiff claims that Officer Mansfield should be better trained, but does not indicate how
Mansfield was purportedly involved in the described events. Id.
Because Plaintiff is pro se and seeking to proceed in forma pauperis, the Court will allow
him to amend his pleading. Plaintiff should bear in mind that an amended complaint will
entirely replace the original complaint, so he must include every claim he wishes to pursue in the
amended complaint. See, e.g., In re Wireless Telephone Federal Cost Recovery Fees Litigation,
396 F.3d 922, 928 (8th Cir. 2005). Any claims not included in the amended complaint will be
deemed abandoned and will not be considered. Id. Plaintiff is further advised that the
allegations in the amended complaint may not be conclusory. Plaintiff must plead facts that
show how each defendant is personally involved in or directly responsible for the alleged harm.
If Plaintiff wishes to sue a defendant in his or her individual capacity, Plaintiff must specifically
say so in the amended complaint. If Plaintiff fails to file an amended complaint on the Court’s
form within 21 days and in compliance with the Court’s instructions, the Court will dismiss this
action without prejudice and without further notice.
Last, the Court will deny Plaintiff’s motion for appointment of counsel at this time. In
civil cases, a pro se litigant does not have a constitutional or statutory right to appointed counsel.
Ward v. Smith, 721 F.3d 940, 942 (8th Cir. 2013). When determining whether to appoint counsel
for an indigent litigant, a court considers relevant factors such as the complexity of the case, the
ability of the litigant to investigate the facts, the existence of conflicting testimony, and the
ability of the litigant to present his or her claims. Phillips v. Jasper Cty. Jail, 437 F.3d 791, 794
(8th Cir. 2006). After reviewing these factors, the Court finds that appointment of counsel is not
warranted at this time. Plaintiff has demonstrated, at this point, that he can adequately present
his claims to the Court. Additionally, neither the factual nor the legal issues in this case appear
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to be especially complex. If the circumstances of the case change, the Court may entertain a
request for counsel at a later time.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s motion for leave to proceed in forma
pauperis, Doc. [2], is DENIED without prejudice. The Court orders Plaintiff to, within 21
days of the date of this Memorandum and Order either (1) pay the filing $405 filing fee or (2)
file a motion to proceed without prepaying the fees along with an accompanying certified inmate
account statement for the six-month period immediately preceding the filing of the complaint.
IT IS FURTHER ORDERED that the Clerk shall provide Plaintiff with two copies of
the Court-provided forms for filing prisoner civil rights complaints, as well as two copies of the
Court-provided forms for seeking leave to proceed without prepaying fees in prisoner actions.
IT IS FURTHER ORDERED that Plaintiff’s motion for appointment of counsel, Doc.
[3], is DENIED at this time.
IT IS FINALLY ORDERED that if Plaintiff fails to comply with this Order, this matter
will be DISMISSED without prejudice.
Dated this 29th day of January, 2025.
SARAH E. PITLYK
UNITED STATES DISTRICT JUDGE
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