Ranson v. Western Regional Jail et al
Filing
4
MEMORANDUM OPINION and ORDER granting Plaintiff's 1 APPLICATION to Proceed without Prepayment of Fees or Costs; directing the Clerk to issue a summons for the defendant and the United States Marshals Service to serve the summons and complaint on the defendant, or its agent for service, pursuant to Rule 4, Fed. R. Civ. P.; further directing Plaintiff to make monthly payments toward the filing fee as more fully set forth herein; further directing that the recovery, if any, obtained in this action shall be paid to the Clerk of Court, who shall collect therefrom all unpaid fees and costs taxed against Plaintiff and shall pay the balance to the Plaintiff, if any; further directing Plaintiff to amend his complaint within 45 days of the date of this Order, as more fully set forth herein. Signed by Magistrate Judge Cheryl A. Eifert on 3/8/2017. (cc: Plaintiff with complaint form) (jsa)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION
SAMUEL PAUL RANSON,
Plaintiff,
v.
Case No. 3:17-cv-01547
WESTERN REGIONAL JAIL,
Defendant.
MEMORANDUM OPINION and ORDER
Pending before the Court is Plaintiff’s Application to Proceed Without Prepayment
of Fees and Costs, (ECF No. 1), and Complaint filed pursuant to 42 U.S.C. § 1983, (ECF
No. 2). The Court hereby GRANTS the application and ORDERS the Clerk of Court to
issue a summons for the defendant. The United States Marshals Service is ORDERED
to serve the summons and complaint on the defendant, or its agent for service, pursuant
to Rule 4, Fed. R. Civ. P.
The Court notes that Plaintiff has only one cent in his prison account; therefore,
Plaintiff shall not be required to pay an initial partial filing fee, but is hereby ORDERED
to make monthly payments equal to 20 percent of the preceding month’s income credited
to his prisoner account until the full filing fee of $350.00 has been paid. The first payment
shall be made on or before April 5, 2017 and the subsequent payments shall be due on
the fifth day of each month thereafter. The Western Regional Jail, or any other agency
having custody of the Plaintiff, shall forward payments from Plaintiff’s prisoner account
to the Clerk of Court each time the amount in Plaintiff’s prisoner account exceeds $10,
-1
until the full filing fee is paid. See 28 U.S.C. 1915(b). It is further ORDERED and
NOTICED that the recovery, if any, obtained in this action shall be paid to the Clerk of
Court who shall collect therefrom all unpaid fees and costs taxed against Plaintiff and
shall pay the balance to the Plaintiff, if any.
In keeping with 28 U.S.C. § 1915(e)(2), the undersigned has conducted a
preliminary review of Plaintiff’s complaint to determine if the action is frivolous, fails to
state a claim upon which relief may be granted, or seeks monetary relief from a defendant
who is immune from such relief. Although pro se complaints, such as the one filed in this
case, must be liberally construed to allow the development of potentially meritorious
claims, the court may not rewrite the pleading to include claims that were never
presented, Parker v. Champion, 148 F.3d 1219, 1222 (10th Cir. 1998), develop the
plaintiff’s legal theories for him, Small v. Endicott, 998 F.2d 411, 417-18 (7th Cir. 1993),
or “conjure up questions never squarely presented” to the court. Beaudett v. City of
Hampton, 775 F.2d 1274, 1278 (4th Cir. 1985). At the same time, to achieve justice, the
court may allow a pro se plaintiff the opportunity to amend his complaint in order to
correct deficiencies in the pleading. Gordon v. Leeke, 574 F.2d 1147, 1151 (4th Cir. 1978).
Plaintiff’s complaint alleges that nurses and other individuals at the Western
Regional Jail have ignored his requests for medical care. (ECF No. 2 at 4). As a result,
Plaintiff claims to have suffered permanent injuries and seeks money damages. (Id. at 5).
However, Plaintiff does not identify the individuals who have allegedly denied him
medical care; instead, he sues only the Western Regional Jail.
In order to state a cause of action for money damages under 42 U.S.C. § 1983, a
plaintiff must show that a person or persons, acting under color of state law, deprived the
-2
plaintiff of a federally protected civil right, privilege, or immunity. Perrin v. Nicholson,
2010 U.S. Dist. LEXIS 105121, at *4 (D.S.C. 2010); American Mfr. Mut. Ins. Co. v.
Sullivan, 526 U.S. 40, 50-52 (1999). For the most part, liability under 42 U.S.C. § 1983 is
personal in nature, based upon a defendant’s own constitutional violation. Monell v.
Department of Social Services of the City of NY, 436 U.S. 658, 694, 98 S.Ct. 2018, 56
L.Ed.2d 611 (1978). Consequently, in this case, Plaintiff will need to identify and join as a
defendant each person that Plaintiff claims violated his rights. Plaintiff is ORDERED to
amend his complaint within forty-five (45) days of the date of this Order to accomplish
the following:
1.
Plaintiff shall fully identify and list as a defendant, by name, the person or
persons against whom Plaintiff complains. If Plaintiff does not know the name of a
relevant person, Plaintiff shall list that person as a John Doe or Jane Doe (e.g. Doctor
Jane Doe; Nurse John Doe, Correctional Officer John Doe. . .) and shall further identify
the person in the body of the complaint by description, date/time of contact, alleged act,
or in some other manner that assists the Court in determining the identity and number of
individual defendants in the action, as well as the specific reason that each person is
included in the complaint. To the extent Plaintiff knows partial names, he shall include
those parts (e.g. Nurse Susan LKU (‘last name unknown”); Doctor Jones).
2.
Plaintiff shall provide factual statements, including dates and events, which
set forth how each named defendant allegedly violated Plaintiff’s civil or constitutional
rights.
Plaintiff is hereby given notice that a failure to amend the complaint as
ordered may result in a recommendation that the complaint be dismissed for
-3
failure to state a claim cognizable under 42 U.S.C. § 1983 and/or for failure
to prosecute under Fed. R. Civ. P. 41 and L. R. Civ. P. 41.1.
Plaintiff is also notified of his obligation as a pro se plaintiff to promptly advise the
Clerk of Court of any changes in his address. If Plaintiff’s address changes and the Court
cannot locate him, his complaint will likely be dismissed for failure to prosecute.
The Clerk is instructed to provide a copy of this Order and another form complaint
to Plaintiff.
ENTERED: March 8, 2017
-4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?