Shelby v. Missouri Department of Corrections et al

Filing 14

MEMORANDUM AND ORDER - IT IS HEREBY 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 within twenty-one (21) days of the date of this Order. If plaintiff fails to comply with this Order, the Court will dismiss this action without further proceedings. Response to Court due by 9/8/2017. (Order and forms mailed). Signed by District Judge John A. Ross on 8/17/17. (KKS)

UNITED STATES DISTRICT COURT
E,ASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

JIMMY DEWAYNE SHELBY,
Plaintiff,

v.
MISSOURI DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

No. 4:17-CV-821 JAR

MEMORANDUM AND ORDER
This matter is before the Court on review of plaintiff's third amended complaint Upon
review, the Court finds that the complaint does not comply with Rule 8 of the Federal Rules of
Civil Procedure. As a result, plaintiff must submit a fourth 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 relie( a complaint must plead .more than "legal con<?lusions" 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 relie( 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.

--- - - - - - - - - - - - -

-------------

When reviewing a complaint under 28 U.S.C. § 191S(e), the Court accepts the well-pied
facts as true. Furthermore, the Court liberally construes the allegations.
The Complaint

Plaintiff alleges that he has several problems with his vertebrae, including stenosis and
degenerative disc disease. His symptoms include neck and back pain, numbness in his hands,
back pain, and tingling sensations in his back and extremities. A neurosurgeon recommended
that he have surgery on three joints in his cervical and thoracic spine. Defendant Shannon Oaks
did not approve of the surgery, and she prescribed an epidural anesthesia treatment. Defendant
alleges that Shannon Ownes did not provide him with the medication he wanted for gout, _
'

because she diagnosed him with pseudogout. She also did not provide him enough naproxen.
Plaintiff further alleges that the lack of care is a result of Corizon' s policy to deny prisoners
adequate treatment so that it can· profit. Defendant Troy Steele is responsible for his medical
care in his capacity as Warden of the institution.
Discussion
Rule 8(a) requires that a complaint contain "a short and plain statement of the [facts]
showing that [he] is entitled to relief . . ." At sixty-two pages, the complaint is far too long.
Plaintiff repeats the same allegations over and over, and the allegations are excessively wordy
and repetitive. Many of the allegations do not pertain to the named defendants. The complaint is
rife with legal arguments and conclusions. And plaintiff often refers to defendants Shannon
Oaks and Shannon Ownes by their first names only, which would make it impossible for
defendants to respond to the allegations.

As a result, plaintiff must submit an amended

complaint

2

The amended complaint must not contain irrelevant allegations, such as conversations
plaintiff had with non-defendants. It must be limited to facts demonstrating that the named
defendants were aware of his serious medical needs but purposely disregarded them. Allegations
pertaining to defendants Shannon Oaks and Shannon Ownes must contain their last names. The
allegations must be concise and to the point.

And the complaint must not include legal

arguments or conclusions.

If the amended complaint does not comply with Rule 8(a), the Court may dismiss this
action with prejudice. See Mangan v. Weinberger, 848 F.2d 909, 911 (8th Cir. 1988).
Accordingly,
IT IS HEREBY ORDERED that the Clerk is directed to send plaintiff a prisoner civil
rights complaint fomi.
IT IS FURTHER ORDERED that plaintiff must file an amended complaint within
twenty-one (21) days of the date of this Order.

If plaintiff fails to comply with this Order, the Court will dismiss this action without

further proceedings.
Dated this 17th day of August, 2017.

3