Madewell v. St. Louis County Jail, No. 4:2018cv00999 - Document 4 (E.D. Mo. 2018)

Court Description: OPINION MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk shall mail to plaintiff a copy of the Courts Prisoner Civil Rights Complaint form. IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on the Court-provided form wi thin twenty-one (21) days of the date of this Order. Plaintiff is advised that his amended complaint will take the place of his original complaint and will be the only pleading that this Court will review. IT IS FURTHER ORDERED that plaintiff shal l pay the $400 filing fee or provide the Court with a copy of his certified inmate account statement within twenty- one (21) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court wil l dismiss this action without prejudice. If the case is dismissed for non-compliance with this Order, the dismissal will not constitute a strike under 28 U.S.C. § 1915(g). (Amended Complaint due by 7/30/2018. $400 Filing Fee or Cert. Inmate Acct. Statement due by 7/30/2018.) Signed by District Judge Henry Edward Autrey on 7/9/18. (A Copy of the Court's Prisoner Civil Rights Complaint form is attached herein to this order) (KJS)
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Madewell v. St. Louis County Jail Doc. 4 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION RICKY F. MADEWELL, Plaintiff, v. ST. LOUIS COUNTY JAIL, Defendant. ) ) ) ) ) ) ) ) ) No. 4:18CV999 HEA OPINION, MEMORANDUM AND ORDER This matter is before the Court on review of plaintiff’s pro se complaint. The complaint is defective because it has not been drafted on a Court-provided form. See E.D. Mo. L.R. 45 2.06(A) (“All actions brought by pro se plaintiffs or petitioners should be filed on Courtprovided forms…If an action is not filed on a Court-provided form, the Court…may order the pro se plaintiff or petitioner to file the action on a Court-provided form”). Moreover, plaintiff has not provided the Court with a certified inmate account statement. See 28 U.S.C. § 1915(a)(2). Accordingly, IT IS HEREBY ORDERED that the Clerk shall mail to plaintiff a copy of the Court’s Prisoner Civil Rights Complaint form. IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on the Court-provided form within twenty-one (21) days of the date of this Order. Plaintiff is advised that his amended complaint will take the place of his original complaint and will be the only pleading that this Court will review. Dockets.Justia.com IT IS FURTHER ORDERED that plaintiff shall pay the $400 filing fee or provide the Court with a copy of his certified inmate account statement within twenty-one (21) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice. If the case is dismissed for non-compliance with this Order, the dismissal will not constitute a “strike” under 28 U.S.C. § 1915(g). Dated this 9th day of July, 2018. HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI DIVISION (Write the full name of the plaintiff in this action. Include prisoner registration number.) v. (Write the full name of each defendant. The caption must include the names of all of the parties. Fed. R. Civ. P. 10(a). Merely listing one party and writing “et al.” is insufficient. Attach additional sheets if necessary.) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No: ____________________ (to be assigned by Clerk of District Court) Plaintiff Requests Trial by Jury _______Yes _______No ) ) ) ) ) PRISONER CIVIL RIGHTS COMPLAINT UNDER 42 U.S.C. § 1983 NOTICE: Federal Rule of Civil Procedure 5.2 addresses the privacy and security concerns resulting from public access to electronic court files. Under this rule, papers filed with the court should not contain: an individual’s full social security number or full birth date, the full name of a person known to be a minor, or a complete financial account number. A filing may include only: the last four digits of a social security number, the year of an individual’s birth, a minor’s initials, and the last four digits of a financial account number. Except as noted in this form, plaintiff should not send exhibits, affidavits, witness statements, or any other materials to the Clerk’s Office with this complaint. In order for your complaint to be filed, it must be accompanied by the $400.00 filing fee or an application to proceed without prepayment of fees and costs. I. The Parties to this Complaint A. The Plaintiff Name: _________________________________________________________________ Other names you have used: ________________________________________________ Prisoner Registration Number: ______________________________________________ Current Institution: Indicate your prisoner status: _____ Pretrial detainee _____ Convicted and sentenced state prisoner _____ Civilly committed detainee _____ Convicted and sentenced federal prisoner _____ Immigration detainee _____ Other (explain): _____________________ B. The Defendant(s) To the best of your knowledge, give the information below for each defendant named in the caption of this complaint. Make sure the defendant(s) named below are the same as those listed in the caption of this complaint. Attach additional pages if necessary. For an individual defendant, include the person’s job title, and check whether you are suing the individual in his or her individual capacity, official capacity, or both. Defendant 1 Name: _________________________________________________________________ Job or Title: _____________________________________________________________ Badge/Shield Number: _____________________________________________________ Employer: _______________________________________________________________ Address: ________________________________________________________________ ________ Individual Capacity _________ Official Capacity 2 Defendant 2 Name: _________________________________________________________________ Job or Title: _____________________________________________________________ Badge/Shield Number: _____________________________________________________ Employer: _______________________________________________________________ Address: ________________________________________________________________ ________ Individual Capacity _________ Official Capacity II. Statement of Claim Type, or neatly print, a short and plain statement of the FACTS that support your claim(s). For every defendant you have named in this complaint, you must state what he or she personally did to harm you. If more than one claim is asserted, number each claim and write a short and plain statement of each claim in a separate paragraph. Do not make legal arguments, or cite court cases or statutes. You may attach additional pages if necessary. Your statement of claim must include all of the following information: 1. 2. 3. 4. 5. What happened to you? When did it happen? Where did it happen? What injuries did you suffer? What did each defendant personally do, or fail to do, to harm you? 3 III. Injuries If you sustained injuries related to the events alleged above, describe your injuries and state what medical treatment, if any, you required and did or did not receive. 4 IV. Relief State briefly and precisely what you want the Court to do for you. Do not make legal arguments. Do not cite any cases or statutes. If you are requesting money damages, include the amounts of any actual damages and/or punitive damages you are claiming. Explain why you believe you are entitled to recover those damages. V. Exhaustion of Administrative Remedies/Administrative Procedures The Prison Litigation Reform Act (“PLRA”) 42 U.S.C. § 1997e(a), requires that “[n]o action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.” Administrative remedies are also known as grievance procedures. Your case may be dismissed if you have not exhausted your administrative remedies. A. Did your claim(s) arise while you were confined in a jail, prison, or other correctional facility? _____ Yes ______ No If yes, name the jail, prison or other correctional facility where you were confined at the time of the events giving rise to your claim(s): ______________________________________________________________________________ B. Does the jail, prison or other correctional facility where your claim(s) arose have a grievance procedure? _____ Yes C. ______ No ______ Do not know If yes, does the grievance procedure at the jail, prison or other correctional facility where your claim(s) arose cover some or all of your claims? _____ Yes ______ No 5 ______ Do not know If yes, which claim(s)? D. Did you file a grievance in the jail, prison, or other correctional facility where your claim(s) arose concerning the facts relating to this complaint? _____ Yes ______ No If no, did you file a grievance about the events described in this complaint at any other jail, prison, or other correctional facility? _____ Yes ______ No E. If you did file a grievance: 1. Where did you file the grievance? ______________________________________________________________________________ 2. What did you claim in your grievance? (Attach a copy of your grievance, if available) 3. What was the result, if any? (Attach a copy of any written response to your grievance, if available) 6 4. What steps, if any, did you take to appeal that decision? Is the grievance process completed? If not, explain why not. (Describe all efforts to appeal to the highest level of the grievance process.) F. If you did not file a grievance: 1. If there are any reasons why you did not file a grievance, state them here: 2. If you did not file a grievance but you did inform officials of your claim, state who you informed, when and how, and their response, if any: G. Please set forth any additional information that is relevant to the exhaustion of your administrative remedies. (Note: You may attach as exhibits to this complaint any documents related to the exhaustion of your administrative remedies.) 7 VI. Previous Lawsuits The “three strikes rule” bars a prisoner from bringing a civil action or an appeal in federal court without paying the filing fee if that prisoner has “on three or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). A. To the best of your knowledge, have you ever had a case dismissed on the basis of this “three strikes rule”? _____ Yes ______ No If yes, state which court dismissed your case and when it was dismissed. Attach a copy of the court’s order, if possible. Have you filed other lawsuits in state or federal court dealing with the same facts involved in this action? _____ Yes ______ No B. If your answer to A is yes, describe each lawsuit by answering questions 1 through 7 below. (If there is more than one lawsuit, describe the additional lawsuits on another page, using the same format.) 1. Parties to the previous lawsuit Plaintiff ________________________________________________________ Defendant(s) _______________________________________________________ 2. Court (if federal court, name the district; if state court, name the state and county) 3. Docket or case number ______________________________________________ 4. Name of Judge assigned to your case ___________________________________ 8 5. Approximate date of filing lawsuit _____________________________________ 6. Is the case still pending? _____ Yes ______ No (If no, give the approximate date of disposition):_________________ 7. What was the result of the case? (For example: Was the case dismissed? Was judgment entered in your favor? Was the case appealed?) C. Have you filed other lawsuits in state or federal court otherwise relating to the conditions of your imprisonment? _____ Yes ______ No D. If your answer to C is yes, describe each lawsuit by answering questions 1 through 7 below. (If there is more than one lawsuit, describe the additional lawsuits on another page, using the same format.) 1. Parties to the previous lawsuit Plaintiff___________________________________________________________ Defendant(s) _______________________________________________________ 2. Court (if federal court, name the district; if state court, name the state and county) 3. Docket or case number ______________________________________________ 4. Name of Judge assigned to your case ___________________________________ 5. Approximate date of filing lawsuit _____________________________________ 9 6. Is the case still pending? _____ Yes ______ No (If no, give the approximate date of disposition):_________________ 7. What was the result of the case? (For example: Was the case dismissed? Was judgment entered in your favor? Was the case appealed?) VII. Certification and Closing Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge, information, and belief that this complaint: (1) is not being presented for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (2) is supported by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the requirements of Rule 11. I agree to provide the Clerk’s Office with any changes to my address where case-related papers may be served. I understand that my failure to keep a current address on file with the Clerk’s Office may result in the dismissal of my case. I declare under penalty of perjury that the foregoing is true and correct. Signed this ______ day of ________________________, 20______. Signature of Plaintiff 10