Wright v. Lisenbee et al

Filing 6

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECFNo. 5] is GRANTED. IT IS FURTHER ORDERED that plaintiff must pay an initial filing fee of $42.00 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. 2IT IS FURTHER ORDERED that the Clerk is directed to send plaintiff a prisoner civil rights complaint form. IT IS FURTHER ORDERED that plaintiff must submit an amended complaint no later than twenty-one (21) days from the date of this Order. If plaintiff fails to comply with this Order, the Court will dismiss this action without further proceedings.. Signed by District Judge Rodney W. Sippel on 7/26/17. (COPY OF PRISON CIVIL RIGHTS FORM MAILED TO PLAINTIFF)(LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOSHUA MICHAEL WRIGHT,
Plaintiff,
v.
RICHARD LISENBEE, et al.,
Defendants.

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No. 4:17-CV-1767 RWS

MEMORANDUM AND ORDER
Plaintiff, a prisoner, seeks leave to proceed in forma pauperis1 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 $42.00, which is twenty percent of his average monthly deposit. See 28
U.S.C. § 1915(b).
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

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Plaintiff has submitted an inmate account statement, which the Court construes as a motion for leave to proceed in
forma pauperis.

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. § 1915(e), the Court accepts the well-pled
facts as true. Furthermore, the Court liberally construes the allegations.
Discussion
Plaintiff alleges that the Phelps County Jail is overcrowded and that the inmates there are
being denied several of their constitutional rights. However, the allegations are vague and do not
always relate to plaintiff’s injuries. For example, plaintiff alleges that the inmates are not
allowed to attend any religious services, but he does not claim that he has any religious beliefs or
what those beliefs require of him. As a result, plaintiff must file an amended complaint that
specifically sets forth his own claims and injuries.
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 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.
Furthermore, the complaint must comply with Rules 8 and 10 of 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 10(b) requires a plaintiff to

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“state [his] claims . . . in numbered paragraphs, each limited as far as practicable to a single set
of circumstances.” Plaintiff must not attempt to bring claims on behalf of other prisoners.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis [ECF
No. 5] is GRANTED.
IT IS FURTHER ORDERED that plaintiff must pay an initial filing fee of $42.00
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.2
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 submit an amended complaint no later
than twenty-one (21) days from the date of this Order.
If plaintiff fails to comply with this Order, the Court will dismiss this action without
further proceedings.
Dated this 26th day of July, 2017.

RODNEY W. SIPPEL
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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