Farris v. Davis et al

Filing 7

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF No. 3 ] is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $2.00 within thirty (30) days of the dat e 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) the case number; and (4) that the remittance is for an or iginal proceeding. IT IS FURTHER ORDERED that this action is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B). An Order of Dismissal will accompany this Memorandum and Order. (Initial Partial Filing Fee due by 5/2/2014.) Signed by District Judge E. Richard Webber on April 2, 2014. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
SHAWN TIMOTHY FARRIS,
Plaintiff,
v.
ROCHELLE DAVIS, et al.,
Defendants.

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No. 2:14CV00039 SPM

MEMORANDUM AND ORDER
This matter is before the Court upon the motion of Shawn Farris (registration no.
1097011), an inmate at Northeast Correctional Center (“NECC”), for leave to commence this
action without payment of the required filing fee. For the reasons stated below, the Court finds
that plaintiff does not have sufficient funds to pay the entire filing fee and will assess an initial
partial filing fee of $2.00. See 28 U.S.C. § 1915(b)(1). Additionally, the Court will dismiss the
action under 28 U.S.C. § 1915(e).
28 U.S.C. § 1915(b)(1)
Pursuant 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 sixmonth 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.
Plaintiff has submitted an affidavit and a certified copy of his prison account statement
for the six-month period immediately preceding the submission of his complaint. A review of
plaintiff's account indicates an average monthly deposit of $10.00, and an unknown average
monthly balance. Plaintiff has insufficient funds to pay the entire filing fee. Accordingly, the
Court will assess an initial partial filing fee of $2.00, which is 20 percent of plaintiff's average
monthly deposit.
28 U.S.C. § 1915(e)
Pursuant 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 Alacks 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
Aenough facts to state a claim to relief that is plausible on its face.@ Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 570 (2007).
The Complaint
Plaintiff brings this action under 42 U.S.C. § 1983 for alleged medical mistreatment.
Named as defendants are Rochelle Davis, Health Services Administrator, and Laurie Unknown,
a nurse. Plaintiff alleges that he was hiding pieces of his Trazadone pills in his cell and that
correctional officers found the pill fragments during a cell search. According to plaintiff a

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sergeant told Laurie Unknown that some of the pill fragments were Neurontin, which plaintiff
takes for back pain. Plaintiff denied that there was any Neurontin in his cell, and he says he
asked Laurie Unknown to confirm that he was not stashing Neurontin but she refused to do so.
Plaintiff says his Neurontin was suspended. Plaintiff claims to have suffered from excessive
back pain as a result. Plaintiff asserts that he sent letters to Rochelle Davis about his back pain
but she never answered them. Plaintiff sues defendants in both their individual and official
capacities.
Discussion
Naming a government official in his or her official capacity is the equivalent of naming the
government entity that employs the official, in this case the State of Missouri. Will v. Michigan Dep=t of
State Police, 491 U.S. 58, 71 (1989). A[N]either a State nor its officials acting in their official capacity are
>persons= under ' 1983.@ Id. As a result, the complaint fails to state a claim upon which relief can be
granted against defendants in their official capacities.

“Liability under ' 1983 requires a causal link to, and direct responsibility for, the alleged
deprivation of rights.” Madewell v. Roberts, 909 F.2d 1203, 1208 (8th Cir. 1990); see Ashcroft
v. Iqbal, 129 S. Ct. 1937, 1948 (2009) (“Because vicarious liability is inapplicable to Bivens and
' 1983 suits, a plaintiff must plead that each Government-official defendant, through the
official=s own individual actions, has violated the Constitution.”).

The allegations in the

complaint do not show that defendants were personally responsible for denying plaintiff his
Neurontin.

Plaintiff only alleges that Laurie Unknown refused to verify which of his

medications he was hiding in his cell. And Plaintiff merely alleges that he sent letters to
Rochelle Davis that went unanswered. As a result, the complaint fails to state a claim upon
which relief can be granted against defendants in their individual capacities.

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Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF
No. 3] is GRANTED.
IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $2.00
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) the case number; and (4) that the remittance is for an original
proceeding.
IT IS FURTHER ORDERED that this action is DISMISSED pursuant to 28 U.S.C.
§ 1915(e)(2)(B).
An Order of Dismissal will accompany this Memorandum and Order.
So Ordered this 2nd day of April, 2014.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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