Jackson v. St. Louis County Circuit Court et al

Filing 8

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [Doc. # 2 ] is GRANTED. IT IS FURTHER ORDERED that plaintiff shall pay an initial partial filing fee of $37.10 within thirty (30) da ys from the date of this order. Plaintiff is instructed to make her remittance payable to "Clerk, United States District Court," and to include upon it: (1) her name; (2) her prison registration number; (3) the case number; and ( 4) tha t the remittance is for an original proceeding. IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff a copy of the Court's form Prisoner Civil Rights Complaint. IT IS FURTHER ORDERED that, consistent with this Order, plaintiff shall file a second amended complaint on the Court-provided form within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court may dismiss this action without prejudice and without further notice. IT IS FURTHER ORDERED that plaintiffs motion for leave to file Document #6-1 as her second amended complaint [Doc. # 6 ] is DENIED, because the tendered pleading does not comply with the Federal Rules of Evidence and this Courts instructio ns, as set forth above. ( Initial Partial Filing Fee due by 8/19/2015., Response to Court due by 8/19/2015.). Signed by Magistrate Judge John M. Bodenhausen on 7/20/15. (JAB) (Remark: Copy of Prisoner Civil Rights Complaint and this order mailed to plaintiff)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ADRIENNE B. JACKSON,
Plaintiff,
v.
ST. LOUIS COUNTY CIRCUIT
COURT, et al.,
Defendants.

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No. 4:15-CV-724-JMB

MEMORANDUM AND ORDER
This matter is before the Court on review of plaintiff=s motion for leave to
proceed in forma pauperis [Doc. #2]. In addition, plaintiff has filed a pro se
motion to amend or correct the first amended complaint [Doc. #6], along with a
tendered second amended complaint [Doc. #6-1].

Having reviewed plaintiff’s

financial information, the Court will grant her in forma pauperis status and assess
an initial partial filing fee of $37.10. In addition, the Court will instruct plaintiff
to file a second amended complaint in accordance with the instructions set forth
below.
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 six-month period.
See 28 U.S.C. ' 1915(b)(1). 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. See 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 her prison account statement for the six-month period immediately
preceding the submission of the complaint. See 28 U.S.C. ' 1915(a)(1), (2). A
review of plaintiff's account statement indicates an average monthly deposit of
$185.50, and an average monthly account balance of $66.65.

Plaintiff has

insufficient funds to pay the entire filing fee. Accordingly, the Court will assess an
initial partial filing fee of $37.10, which is 20 percent of plaintiff's average monthly
deposit.

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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.
either law or fact.@

An action is frivolous if it Alacks an arguable basis in

Neitzke v. Williams, 490 U.S. 319, 328 (1989); Denton v.

Hernandez, 112 S. Ct. 1728, 1733 (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, 127 S. Ct. 1955, 1974
(2007).
Discussion
Plaintiff brings this action pursuant to 42 U.S.C. ' 1983.

The precise

nature of plaintiff’s claims is unclear to the Court, because plaintiff has failed to set
forth her claims and allegations as to each named defendant in a clear, simple, and
concise manner.

Even pro se litigants are required to comply with the Federal

Rules of Civil Procedure.
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Because plaintiff is proceeding pro se and in forma pauperis, the Court will
give her an opportunity to file a second amended complaint on a Court-provided
form.1 Plaintiff will be granted thirty days from the date of this Order to file a
second amended complaint in accordance with the specific instructions set forth
herein.
All claims in an action must be included in one, centralized complaint form,
as neither the Court nor defendants wish to search through supplemental and prior
pleadings in order to piece together plaintiff=s claims.

As such, plaintiff is

warned that the filing of a second amended complaint replaces the original
complaint and all previously-filed pleadings, and therefore, she must include
each and every one of the claims she wishes to pursue in the second amended
complaint.

See, e.g., In re Wireless Telephone Federal Cost Recovery Fees

Litigation, 396 F.3d 922, 928 (8th Cir. 2005). Any claims from the original
complaint, supplements, and/or pleadings that are not included in the second
amended complaint will be deemed abandoned and will not be considered.
Id. Plaintiff is advised that the second amended complaint will replace the

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The Court will instruct the Clerk to mail plaintiff a blank form complaint
for the filing of a prisoner civil rights action. Plaintiff must complete her second
amended complaint on the court-provided form in accordance with the instructions
set forth herein.
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original and amended complaints and will be the only pleading this Court
reviews. See id. If plaintiff wishes to sue defendants in their individual
capacities, plaintiff must specifically say so in the second amended complaint.
Plaintiff should not attach any exhibits to the second amended complaint; all
claims should be clearly set forth in the "Statement of Claim." In addition, in the
"Caption" of the second amended complaint, plaintiff shall set forth the name of
each defendant she wishes to sue; and in the "Statement of Claim," plaintiff shall
start by typing the first defendant=s name, and under that name, she shall set forth
in separate numbered paragraphs the allegations supporting her claim(s) as to that
particular defendant, as well as the right(s) that she claims that particular defendant
violated and the capacity in which the defendant is being sued. Plaintiff 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 she claims that particular
defendant violated.

The second amended complaint must contain short and plain

statements showing that plaintiff is entitled to relief, the allegations must be
simple, concise, and direct, and the numbered paragraphs must each be limited to a
single set of circumstances.

If plaintiff needs more space, she may attach

additional sheets of paper to the amended complaint and identify them as part of
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the "Caption" or "Statement of Claim”; however, as previously stated, plaintiff
shall not attach any exhibits to the pleading.

Plaintiff shall sign the second

amended complaint.
Plaintiff is reminded that she is required to submit her second amended
complaint on a Court-provided form, and it must comply with Rules 8 and 10 of the
Federal Rules of Civil Procedure. Plaintiff=s failure to make specific and actionable
allegations against any of defendant(s) will result in that individual=s dismissal from
this case.2

Last, if plaintiff fails to file a second amended complaint on a Court

form within thirty days in accordance with the Court’s instructions, this action may
be dismissed without prejudice and without further notice.
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in
forma pauperis [Doc. #2] is GRANTED.
IT IS FURTHER ORDERED that plaintiff shall pay an initial partial filing
fee of $37.10 within thirty (30) days from the date of this order. Plaintiff is
instructed to make her remittance payable to "Clerk, United States District Court,"

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The Court will review plaintiff=s second amended complaint pursuant to 28
U.S.C. ' 1915. A claim and/or defendant must survive ' 1915 review in order for
plaintiff to proceed in this lawsuit.
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and to include upon it: (1) her name; (2) her 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 mail to plaintiff a copy of
the Court=s form Prisoner Civil Rights Complaint.
IT IS FURTHER ORDERED that, consistent with this Order, plaintiff
shall file a second amended complaint on the Court-provided form within thirty
(30) days of the date of this Order.
IT IS FURTHER ORDERED that if plaintiff fails to comply with this
Order, the Court may dismiss this action without prejudice and without further
notice.
IT IS FURTHER ORDERED that plaintiff’s motion for leave to file
Document #6-1 as her second amended complaint [Doc. #6] is DENIED, because
the tendered pleading does not comply with the Federal Rules of Evidence and this
Court’s instructions, as set forth above.
Dated this 20th day of July, 2015.

/s/John M. Bodenhausen____________
UNITED STATES MAGISTRATE JUDGE

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