Jackson v. Joyce et al

Filing 4

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. # 2 ] is GRANTED. IT IS FURTHER ORDERED that plaintiff shall pay an initial filing fee of $12.85 within thirty (30) days of the date of th is 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 not issue process or cause process to issue in this case, because the complaint is legally frivolous and fails to state a claim upon which relief can be granted. See 28 U.S.C. ' 1915(e)(2)(B). A separate Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge Catherine D. Perry on 10/29/15. (EAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MORRIS JACKSON,
Plaintiff,
v.
JENNIFER JOYCE, et al.,
Defendants.

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No. 4:15-CV-1605-CDP

MEMORANDUM AND ORDER
This matter is before the Court on the motion of Morris Jackson (registration
no. 148285) for leave to commence this action without payment of the required filing
fee. For the following reasons, the Court will grant plaintiff=s motion and will assess
an initial partial filing fee of $12.85. In addition, the Court will dismiss this case
pursuant to 28 U.S.C. ' 1915.
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.

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 period immediately preceding the submission of his complaint. A
review of plaintiff=s account indicates an average monthly deposit of $62.25.
Plaintiff has insufficient funds to pay the entire filing fee. Accordingly, the Court
will assess an initial partial filing fee of $12.85, 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 may 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 against a defendant who is
immune from such relief. An action is frivolous if Ait lacks an arguable basis in
either law or in fact.@ Neitzke v. Williams, 490 U.S. 319, 328 (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, 550 U.S. 544, 570 (2007).
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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, 504 U.S. 25,

32-33 (1992).
The Complaint
Plaintiff, an inmate at the St. Louis City Justice Center, seeks monetary relief in
this 42 U.S.C. ' 1983 action against Jennifer Joyce (St. Louis City Attorney), James
L. Thayer (St. Louis City Police Officer), and Ronald F. Fiala (St. Louis City Police
Officer). Plaintiff alleges that defendants Thayer and Fiala falsely accused him of
having shot Sharon Black in the leg with a shotgun on June 16, 2015, and later
searched plaintiff’s home without his consent. He also alleges that defendant Joyce
ignored relevant evidence and is falsely prosecuting him.
Discussion
Plaintiff brings this action against defendants in their official capacities. See
Egerdahl v. Hibbing Community College, 72 F.3d 615, 619 (8th Cir. 1995) (where a
complaint is silent about defendant=s capacity, Court must interpret the complaint as
including official-capacity claims); Nix v. Norman, 879 F.2d 429, 431 (8th Cir. 1989).
Naming a government official in his or her official capacity is the equivalent of
naming the government entity that employs the official.
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Will v. Michigan Dep=t of

State Police, 491 U.S. 58, 71 (1989). To state a claim against a municipality or a
government official in his or her official capacity, a plaintiff must allege that a policy
or custom of the government entity is responsible for the alleged constitutional
violation. Monell v. Dep=t of Social Services, 436 U.S. 658, 690-91 (1978). The
instant complaint does not contain any allegations that a policy or custom of a
government entity was responsible for the alleged violations of plaintiff=s
constitutional rights. As a result, the complaint is legally frivolous and fails to state
a claim upon which relief can be granted.
As additional grounds for dismissing this case, the Court notes that a prosecutor
is absolutely immune from suit for damages under ' 1983 for alleged violations
committed in "initiating a prosecution and in presenting the state's case." Imbler v.
Pachtman, 424 U.S. 409, 430-31 (1976); Myers v. Morris, 810 F.2d 1437, 1448 (8th
Cir. 1987). This immunity extends to allegations of vindictive prosecution.
v. Morris, 810 F.2d at 1446.

Myers

Moreover, to the extent that plaintiff is now requesting

this Court to intervene in his state criminal proceeding, the Court finds no
"extraordinary circumstances" to justify doing so. See Younger v. Harris, 401 U.S. 37,
46 (1971); Harmon v. City of Kansas City, Missouri, 197 F.3d 321, 325 (8th Cir. 1999);
Fuller v. Ulland, 76 F.3d 957, 959 (8th Cir. 1996).
For these reasons, the Court will dismiss this action as legally frivolous
pursuant to § 1915(e)(2)(B).
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Accordingly,
IT IS HEREBY ORDERED that plaintiff=s motion to proceed in forma
pauperis [Doc. #2] is GRANTED.
IT IS FURTHER ORDERED that plaintiff shall pay an initial filing fee of
$12.85 within thirty (30) days of the date of this Order.

Plaintiff is instructed to

make his remittance payable to AClerk, 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 not issue process or cause
process to issue in this case, because the complaint is legally frivolous and fails to
state a claim upon which relief can be granted.

See 28 U.S.C. ' 1915(e)(2)(B).

A separate Order of Dismissal shall accompany this Memorandum and Order.
Dated this 29th day of October, 2015.

UNITED STATES DISTRICT JUDGE

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