Williams v. City of St. Louis et al

Filing 5

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [Doc. # 2 ] is GRANTED and no initial partial filing fee will be assessed at this time. IT IS FURTHER ORDERED that the Clerk shall not iss ue process or cause process to issue on the complaint at this time. IT IS FURTHER ORDERED that, consistent with the instructions set forth in this Memorandum and Order, plaintiff shall file an amended complaint on or before April 4, 2015. IT IS FURTH ER ORDERED that the Clerk shall mail to plaintiff three court-provided forms for filing a prisoner complaint pursuant to 42 U.S.C. 1983.IT IS FURTHER ORDERED that plaintiff's failure to amend his complaint in accordance with this Court's instructions will result in the dismissal of this action, without prejudice and without further notice. ( Response to Court due by 4/4/2015.) Signed by District Judge Carol E. Jackson on 3/3/15. **Remark: 3 copies of Prisoner Civil Rights Complaint under 42 U.S.C 1983 and copy of this order mailed to plaintiff(JAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

MAURICE WILLIAMS,
Plaintiff,
v.
CITY OF ST. LOUIS, et al.,
Defendants.

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No. 4:15-CV-14-CEJ

MEMORANDUM AND ORDER
This matter is before the court on review of plaintiff=s pro se complaint [Doc.
#1] and motion for leave to proceed in forma pauperis [Doc. #2]. In addition,
plaintiff has filed a Notice [Doc. #4], stating that the St. Louis City Justice Center
(“SLCJC”) is refusing to provide him with a certified copy of his inmate account
statement.

Under these circumstances, the court will grant plaintiff in forma

pauperis status and will not assess him an initial partial filing fee at this time.
Moreover, for the following reasons, the court will instruct plaintiff to file an
amended complaint on a court form in accordance with the instructions set forth
below.

28 U.S.C. ' 1915(e)
Pursuant to 28 U.S.C. ' 1915(e)(2)(B), the Court may dismiss a complaint
filed in forma pauperis at any time if the action 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. An action is frivolous if "it lacks an arguable basis
either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989). An action
fails to state a claim upon which relief can be granted if it does not plead Aenough
facts to state a claim to relief that is plausible on its face.@ Bell Atlantic Corp. v.
Twombly, 127 S. Ct. 1955, 1974 (2007).
In reviewing a pro se complaint under ' 1915(e)(2)(B), 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, 112 S.
Ct. 1728, 1733 (1992).
The Complaint
Plaintiff, an inmate at the SLCJC, seeks monetary relief in this 42 U.S.C. '
1983 action against nine defendants: the City of St. Louis, Burton Barr (Chaplain),
Richard Gray (Director), Melvin Diggs (Correctional Officer), Sydney Turner
(Correctional Officer), Len Crenshaw (Superintendent), Irene Mitchell, Dale Glass
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(Commissioner), and Unknown Irving (Correctional Officer). Plaintiff generally
and summarily alleges that “all defendants” are refusing to provide him with Kosher
meals “or religious materials associated with [plaintiff] being Jewish.” In addition,
plaintiff claims that “all defendants” are keeping him confined in a cell for 23 to 24
hours per day, and he is not being allowed time for physical exercise. Plaintiff also
asserts general claims, not directed against any of the named defendants, for
unlawful strip searches and food served at dangerous temperatures.
Discussion
The Court has reviewed the complaint under 28 U.S.C. ' 1915(d) and believes
that, while plaintiff may be able to state a claim of denial of his Constitutional rights,
he has not properly set forth as to each named defendant the specific facts and
allegations supporting his conclusion that his constitutional rights were violated. In
addition, plaintiff has failed to number the paragraphs in the complaint, and the
allegations are mostly conclusory and, therefore, insufficient. See Ashcroft v.
Iqbal, 556 U.S. 662 (2009) (legal conclusions and threadbare recitals of the elements
of a cause of action that are supported by mere conclusory statements are not entitled
to the assumption of truth).
Taking into consideration the fact that plaintiff is proceeding pro se and in
forma pauperis, the Court will grant him time to file an amended complaint on a

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court-provided form in accordance with the instructions set forth below.
Specifically, in the "Caption" section of the form complaint, plaintiff shall set forth
the name of each defendant he wishes to sue; and in the "Statement of Claim"
section, plaintiff shall start by writing the first defendant=s name and stating whether
he is suing that defendant in his or her individual and/or official capacity. Next,
under the defendant's name, plaintiff shall set forth in separate numbered paragraphs
the allegations supporting his claim(s) as to that particular defendant, as well as the
right(s) that he claims that particular defendant violated. When possible, plaintiff
should also include relevant dates or time periods in his allegations. If plaintiff is
suing more than one defendant, he shall proceed in this manner with each of the
named defendants, separately setting forth each individual name and under that
name, in numbered paragraphs, the allegations specific to that particular defendant
and the right(s) that he claims that particular defendant violated. Plaintiff should
not attach any exhibits to his amended complaint; all his claims should be clearly set
forth in the "Statement of Claim" section.
Plaintiff is reminded that he is required to submit his amended complaint on a
court-provided form, and it must comply with Rules 8 and 10 of the Federal Rules of
Civil Procedure. The amended complaint must contain short and plain statements
showing that plaintiff is entitled to relief, the allegations must be simple, concise,
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and direct, and the numbered paragraphs must each be limited to a single set of
circumstances. If plaintiff needs more space, he may attach additional sheets of
paper to the amended complaint and identify them as part of the "Caption" or
"Statement of Claim."
Because plaintiff will be allowed to amend his complaint, the Court will take
no action as to the named defendants at this time. Plaintiff is advised that the
amended complaint will replace the original complaint and will be the only pleading
this Court reviews. See, e.g., In re Wireless Telephone Federal Cost Recovery Fees
Litigation, 396 F.3d 922, 928 (8th Cir. 2005). Claims asserted in the original
complaint will not be considered unless they are asserted in the amended complaint.
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in
forma pauperis [Doc. #2] is GRANTED and no initial partial filing fee will be
assessed at this time.
IT IS FURTHER ORDERED that the Clerk shall not issue process or cause
process to issue on the complaint at this time.
IT IS FURTHER ORDERED that, consistent with the instructions set forth

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in this Memorandum and Order, plaintiff shall file an amended complaint on or
before April 4, 2015.1
IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff three
court-provided forms for filing a prisoner complaint pursuant to 42 U.S.C. ' 1983.
IT IS FURTHER ORDERED that plaintiff's failure to amend his complaint
in accordance with this Court's instructions will result in the dismissal of this action,
without prejudice and without further notice.
Dated this 3rd day of March, 2015.

_________________________________
UNITED STATES DISTRICT JUDGE

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For his amended complaint, plaintiff shall use the court-provided form for
filing a prisoner complaint pursuant to 42 U.S.C. ' 1983.
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