Williams v. St. Charles County Jail

Filing 8

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis (Docket No. 7 ) is GRANTED. [SEE ORDER FOR COMPLETE DETAILS]. Signed by District Judge Audrey G. Fleissig on 07/10/2017. (Attachments: # 1 Prisoner Civil Rights Complaint form)(KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DISTRICT

KEVIN WILLIAMS,

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Plaintiff,
v.
ST. CHARLES COUNTY JAIL,
Defendant.

No. 4:17-cv-1475-AGF

MEMORANDUM AND ORDER
This matter is before the Court upon the motion of plaintiff Kevin Williams, a prisoner,
for leave to commence this action without prepayment of the filing fee. (Docket No. 7). The
Court will grant the motion and assess an initial partial filing fee of $1.85. In addition, the Court
will allow plaintiff the opportunity to submit an amended complaint.
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
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 sixmonth 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
$10.00, until the filing fee is fully paid. Id.
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In this case, plaintiff filed a letter with the Court stating that he could not provide a
certified inmate account statement for the six months immediately preceding the complaint
because he had not been incarcerated that long. (Docket No. 6). In the instant motion, plaintiff
states that he has $9.27 in his prison account. (Docket No. 7 at 3). Therefore, the Court will
require plaintiff to pay an initial partial filing fee of $1.85, an amount that is reasonable based
upon the information the Court has about plaintiff’s finances. See Henderson v. Norris, 129 F.3d
481, 484 (8th Cir. 1997) (when a prisoner is unable to provide the Court with a certified copy of
his prison account statement, the Court should assess an amount “that is reasonable, based on
whatever information the court has about the prisoner’s finances.”).
Legal Standard on Initial Review
Under 28 U.S.C. § 1915(e)(2), 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. A
pleading that offers “labels and conclusions” or “a formulaic recitation of the elements of a cause
of action will not do,” nor will a complaint suffice if it tenders bare assertions devoid of “further
factual enhancement.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp.
v. Twombly, 550 U.S. 544, 555 (2007)).
When conducting initial review pursuant to § 1915(e)(2), the Court must accept as true
the allegations in the complaint, and must give the complaint the benefit of a liberal construction.
Haines v. Kerner, 404 U.S. 519, 520 (1972). However, the tenet that a court must accept the
allegations as true does not apply to legal conclusions, Iqbal, 556 U.S. at 678, and affording a
pro se complaint the benefit of a liberal construction does not mean that procedural rules in
ordinary civil litigation must be interpreted so as to excuse mistakes by those who proceed
without counsel. See McNeil v. U.S., 508 U.S. 106, 113 (1993). Even pro se complaints are

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required to allege facts which, if true, state a claim for relief as a matter of law. Martin v.
Aubuchon, 623 F.2d 1282, 1286 (8th Cir. 1980); see also Stone v. Harry, 364 F.3d 912, 914-15
(8th Cir. 2004) (federal courts are not required to “assume facts that are not alleged, just because
an additional factual allegation would have formed a stronger complaint”).
The Complaint
Plaintiff brings this action to redress violations of his civil rights, and names the Saint
Charles County Jail as defendant. Plaintiff alleges that he is being fed peanut butter even though
he is allergic to it, and is also being fed food that fails to comport with his cardiac diet. He also
states that he is being denied medical care, and that he has suffered a stroke.
The complaint is legally frivolous because the St. Charles County Jail is not an entity that
is subject to a suit such as the one at bar. See Ketchum v. City of West Memphis, Ark., 974 F.2d
81, 82 (8th Cir. 1992) (departments or subdivisions of local government are “not juridical entities
suable as such.”). In addition, the complaint is defective because it was not drafted on the
Court’s form. See E.D. Mo. Local Rule 2.06(A).
Because plaintiff is proceeding pro se, the Court will allow him to file an amended
complaint. Plaintiff is warned that the filing of an amended complaint replaces the original
complaint, and so it must include all claims plaintiff wishes to bring. E.g., In re Wireless
Telephone Federal Cost Recovery Fees Litigation, 396 F.3d 922, 928 (8th Cir. 2005). Plaintiff
must submit the amended complaint on a court-provided form, and the amended complaint must
comply with Rules 8 and 10 of the Federal Rules of Civil Procedure.
In the “Caption” section of the amended complaint, plaintiff must state the first and last
name, to the extent he knows it, of each defendant he wishes to sue. Plaintiff should also

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indicate whether he intends to sue each defendant in his or her individual capacity, official
capacity, or both.1
In the “Statement of Claim” section, plaintiff should begin by writing the first
defendant’s name. In separate, numbered paragraphs under that name, plaintiff should set forth
the specific factual allegations supporting his claim or claims against that defendant, as well as
the constitutional right or rights that defendant violated. Plaintiff should only include claims that
arise out of the same transaction or occurrence, or simply put, claims that are related to each
other. See Fed. R. Civ. P. 20(a)(2). Alternatively, plaintiff may choose a single defendant and
set forth as many claims as he has against that defendant. See Fed. R. Civ. P. 18(a).
If plaintiff is suing more than one defendant, he should proceed in the same manner with
each one, separately writing each individual defendant’s name and, under that name, in
numbered paragraphs, the allegations specific to that particular defendant and the right(s) that
defendant violated. Plaintiff’s failure to make specific and actionable allegations against any
defendant will result in that defendant’s dismissal from this case.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis
(Docket No. 7) is GRANTED.
IT IS FURTHER ORDERED that, within twenty-one (21) days of the date of this
Memorandum and Order, plaintiff must pay an initial filing fee of $1.85. 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) the statement that the
remittance is for an original proceeding.

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The failure to sue a defendant in his or her individual capacity may result in the dismissal of that defendant.

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IT IS FURTHER ORDERED that, within twenty-one (21) days of the date of this
Memorandum and Order, plaintiff shall submit an amended complaint in accordance with the
instructions set forth herein.
IT IS FURTHER ORDERED that the Clerk of Court shall mail to plaintiff a blank
Prisoner Civil Rights Complaint form. Plaintiff may request additional forms as needed.
If plaintiff fails to timely comply with this Memorandum and Order, the Court will
dismiss this action without prejudice and without further notice.
Dated this 10th day of July, 2017.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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