Harris v. Corizon Medical

Filing 7

MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Alexander L. Harris motion is GRANTED. IT IS FURTHER ORDERED that plaintiff must pay an initial filing fee of $3.00 within twenty-one (21) days of the date of this Order. 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 within twenty-one (21) days of the date of this Order( Amended/Supplemental Pleadings due by 8/22/2017., Initial Partial Filing Fee due by 8/22/2017.). Signed by District Judge Stephen N. Limbaugh, Jr on 8/1/17. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ALEXANDER L. HARRIS,
Plaintiff,
v.
CORIZON MEDICAL, et al.,
Defendants.

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No. 4:17-CV-1617 SNLJ

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 $3.00, which is twenty percent of his average monthly deposit. See 28 U.S.C.
§ 1915(b). Additionally, the Court will require plaintiff to submit 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, 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
Plaintiff is detained at the St. Louis City Justice Center (“SLCJC”). He brings this action
against SLCJC and Corizon for medical mistreatment. In November 2015, he cracked a tooth
while eating. Since then, he has suffered from teeth pain, abscesses, headaches, dizziness, and
stomach aches. He says these conditions are ongoing.
Discussion
Plaintiff’s claim against SLCJC is legally frivolous because it is not an entity that is
subject to a federal lawsuit. See Ketchum v. City of West Memphis, Ark., 974 F.2d 81, 82 (8th
Cir. 1992).
In order to state a claim against Corizon, plaintiff must allege that a policy, custom, or
official action of Corizon was responsible for his injuries. Sanders v. Sears Roebuck & Co., 984
F.2d 972, 95-76 (8th Cir. 1993). There are no such allegations. Therefore, the complaint fails to
state a claim upon which relief can be granted.
Because plaintiff is proceeding pro se, the Court will allow plaintiff to file an amended
complaint. 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 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 should name the individuals responsible
for his lack of medical care, and he must allege how each and every defendant is directly
responsible for the alleged harm. In order to sue these defendants in their individual capacities,

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plaintiff must specifically say so in the complaint.

If plaintiff fails to sue the individual

defendants in their individual capacities, this action may be subject to dismissal.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis [ECF
No. 2] is GRANTED.
IT IS FURTHER ORDERED that plaintiff must pay an initial filing fee of $3.00 within
twenty-one (21) 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 within
twenty-one (21) days of the date of this Order.
If plaintiff does not comply with this Order, the Court will dismiss this action
without prejudice.
Dated this 1st day of August, 2017.

STEPHEN N. LIMBAUGH
UNITED STATES DISTRICT JUDGE

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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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