Whittington et al v. Isgrig et al

Filing 6

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that, pursuant to this Courts differentiated case management system, this case is assigned to Track 5B (prisoner actions-standard). The Court notes that because plaintiffs paid the filing fee, they are resp onsible for serving defendants. See Fed. R. Civ. P. 4(m). IT IS FURTHER ORDERED that defendants shall reply to the amended complaint within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. See 42 U.S.C. § 1997e(g)(2). Signed by Magistrate Judge David D. Noce on 4/12/13. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION

VICTORIA WHITTINGTON, et al., )
)
Plaintiffs,
)
)
v.
)
)
MARK ISGRIG, et al.,
)
)
Defendants.
)

No. 2:13-CV-16-DDN

MEMORANDUM AND ORDER
This matter is before the Court upon review of plaintiffs' amended complaint
[Doc. #5] under 28 U.S.C. § 1915A.1
Pursuant to 28 U.S.C. § 1915A, the "court shall review before docketing if
feasible or, in any event, as soon as practicable after docketing, a complaint in a civil
action in which a prisoner seeks redress from a governmental entity or officer or
employee of a governmental entity." The Court is to dismiss the complaint, or any
portion, if it is frivolous, malicious, fails to state a claim upon which relief can be
granted, or seeks monetary relief against a defendant who is immune from such relief.

On March 12, 2013, this Court granted plaintiffs thirty days to file an
amended complaint [Doc. #4]. Plaintiffs timely filed an amended complaint on
April 12, 2013 [Doc. #5].
1

In reviewing a pro se complaint under § 1915A, the Court must give the
complaint the benefit of a liberal construction. Haines v. Kerner, 404 U.S. 519, 520
(1972). The Court must also weigh all factual allegations in favor of the plaintiff,
unless the facts alleged are clearly baseless. Denton v. Hernandez, 504 U.S. 25
(1992).
A review of the amended complaint indicates that plaintiffs' 42 U.S.C. § 1983
and pendent state-law claims survive frivolity review and should not be dismissed at
this time.
In accordance with the foregoing,
IT IS HEREBY ORDERED that, pursuant to this Court’s differentiated case
management system, this case is assigned to Track 5B (prisoner actions-standard).

2

IT IS FURTHER ORDERED that defendants shall reply to the amended
complaint within the time provided by the applicable provisions of Rule 12(a) of the
Federal Rules of Civil Procedure. See 42 U.S.C. § 1997e(g)(2).2

/S/ David D. Noce
UNITED STATES MAGISTRATE JUDGE

Signed on April 12, 2013.

The Court notes that because plaintiffs paid the filing fee, they are
responsible for serving defendants. See Fed. R. Civ. P. 4(m).
2

3