Smith v. Babich et al

Filing 4

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF No. 2] is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $25.00 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 original proceeding. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue upon the complaint. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. Section 1997e(g)(2), defendants shall reply to plaintiff's c laims within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure.IT IS FURTHER ORDERED that this case is assigned to Track 5B: Prisoner Standard. Signed by District Judge Catherine D. Perry on August 10, 2015. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
CHARLES SMITH,
Plaintiff,
v.
GARY BABICH, et al.,
Defendants.

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No. 2:15CV55 CDP

MEMORANDUM AND ORDER
Plaintiff, a prisoner, seeks leave to proceed in forma pauperis in this civil action under 42
U.S.C. § 1983. Having reviewed plaintiff’s financial information, the Court assesses a partial
initial filing fee of $25.00, which is twenty percent of his average monthly deposit. See 28
U.S.C. § 1915(b).
Under 28 U.S.C. § 1915(e), 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 can be granted.
To state a claim for relief under § 1983, a complaint must plead more than “legal conclusions”
and “[t]hreadbare recitals of the elements of a cause of action [that are] supported by mere
conclusory statements.” Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009). A plaintiff must
demonstrate a plausible claim for relief, which is more than a “mere possibility of misconduct.”
Plaintiff alleges that he has had Hepatitis C since 2007 and that defendants have refused
to treat the disease. He says he now has Stage IV cirrhosis and a host of other serious medical
problems, such as cancer, esophageal varices, Barrett’s Mucosa, and others. He further alleges
that it is the policy of Corizon Health Services to deny indicated medicines because they are
expensive.

Plaintiff asserts that defendant Dr. Pryor is now stimulating his liver mechanically to
keep him alive. He also says that Dr. Pryor told him that, without treatment, he will die in the
next two or three months.
The complaint states a claim for relief under the Eighth Amendment. Therefore, the
Court will direct the Clerk to issue process on the complaint.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis [ECF
No. 2] is GRANTED.
IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $25.00
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 the Clerk shall issue process or cause process to
issue upon the complaint.
IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendants
shall reply to plaintiff’s claims within the time provided by the applicable provisions of Rule
12(a) of the Federal Rules of Civil Procedure.
IT IS FURTHER ORDERED that this case is assigned to Track 5B: Prisoner Standard.
Dated this 10th day of August, 2015.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

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