Edwards v. Villmer et al

Filing 4

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [ECF No. 2 ] is GRANTED. IT IS FURTHER ORDERED that the plaintiff must pay an initial filing fee of $20 within twenty-eight (28) 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 f or an original proceeding. IT IS FURTHER ORDERED that the Clerk is directed to send plaintiff a prisoner civil rights complaint form. IT IS FURTHER ORDERED that plaintiff must file an amended complaint that complies with the terms of this order no l ater than twenty-eight days from today's date. IT IS FURTHER ORDERED that if plaintiff does not comply with this Order, the Court will dismiss this action without further proceedings. (Amended/Supplemental Pleadings due by 8/30/2016.). Signed by District Judge Ronnie L. White on August 2, 2016. (Attachments: # 1 Prisoner Civil Rights Complaint)(BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

LA WREN CE M. EDWARDS,
Plaintiff,
v.

TOM VILLMER, et al. ,
Defendants.

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No. 4:16-CV-1077 RLW

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 $20, which is twenty percent of his average monthly deposit. See 28 U.S.C.
§ 1915(b). Additionally, plaintiff must file an amended complaint.
Standard of Review

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, 556 U.S. 662, 678 (2009).

A plaintiff must

demonstrate a plausible claim for relief, which is more than a "mere possibility of misconduct."
Id. at 679. "A claim has facial plausibility when the plaintiff pleads factual content that allows

the court to draw the reasonable inference that the defendant is liable for the misconduct
alleged." Id. at 678. Determining whether a complaint states a plausible claim for relief [is] a

context-specific task that requires the reviewing court to draw on its judicial experience and
common sense. Id. at 679.
The Complaint
The complaint is fifty pages of rambling, unintelligible allegations.

Plaintiffs

handwriting is often illegible, and so the complaint is very difficult to understand. The gist of
the complaint appears to be that defendants either denied his grievances or ordered him to
administrative segregation. He apparently used other inmates' telephone PIN numbers to make
calls, for which he was issued conduct violations.
Discussion
The complaint does not comply with the Federal Rules of Civil Procedure. Rule 8(a)
requires that the complaint contain "a short and plain statement of the claim showing that
[plaintiff] is entitled to relief ... " And Rule 1O(b) requires a plaintiff to "state [his] claims ... in
numbered paragraphs, each limited as far as practicable to a single set of circumstances."
The complaint does not contain a short and plain statement of plaintiffs claims. Instead,
it rambles incoherently, and the allegations are often petty and inconsequential. Additionally,
although plaintiff sometimes uses numbered paragraphs, the paragraphs are not limited to a
single set of circumstances.
Plaintiff must file an amended complaint. The complaint must comply with Rules 8 and
10. Each paragraph must be limited to a single set of circumstances. Irrelevant information must
be omitted. It must either be handwritten in a legible manner, or it must be typed. The Court
recommends that plaintiff use a typewriter.
Plaintiff is warned that the filing of an amended complaint replaces the original
complaint, and so he must include each and every one of his claims in the amended

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complaint. 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 that are not included in
the amended complaint will be considered abandoned. Id. Plaintiff must allege how each
and every defendant is directly responsible for the alleged harm.

In order to sue

defendants in their individual capacities, plaintiff must specifically say so in the complaint.
If plaintiff fails to sue defendants in their individual capacities, this action may be subject

to dismissal.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [ECF
No. 2] is GRANTED.
IT IS FURTHER ORDERED that the plaintiff must pay an initial filing fee of $20
within twenty-eight (28) 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. 1
IT IS FURTHER ORDERED that the Clerk is directed to send plaintiff a prisoner civil
rights complaint form.
IT IS FURTHER ORDERED that plaintiff must file an amended complaint that
complies with the terms of this order no later than twenty-eight days from today's date.

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Prisoners must pay the full amount of the $350 filing fee . 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. The agency having custody of the prisoner
will deduct the payments and forward them to the Court each time the amount in the account
exceeds $10. 28 U.S.C. § 1915(b)(2).
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IT IS FURTHER ORDERED that if plaintiff does not comply with this Order, the
Court will dismiss this action without further proceedings.
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Dated this~ _ day of August, 2016.
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UNITED STATES DISTRICT JUDGE

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