The opinion of the court was delivered by: J. RAY, Magistrate Judge
Plaintiffs George Nutt and Clay Williams, who are currently
being held at the Pulaski County Detention Center ("PCDF"), have
filed a single pro se*fn1 Complaint pursuant to
42 U.S.C. § 1983. See docket entry #1. Neither Plaintiff has paid the
filing fee or filed an Application to Proceed In Forma Pauperis. Additionally, Plaintiff Williams has not signed the
Complaint or raised any personal constitutional violations.
Accordingly, the Court will order each Plaintiff to file a
separate Application to Proceed In Forma Pauperis and a
separate Amended Complaint.
I. Payment of the Filing Fee or In Forma Pauperis
The filing fee for commencing this civil action is $250. No
filing payment has been received as of the date of this Order.
Thus, the Plaintiffs must either: (1) pay the $250 filing fee in
full; or (2) submit separate and properly completed
Applications to Proceed In Forma Pauperis. In other words, only
one $250 filing fee payment must be paid and not a separate
$250 filing fee for each of the two Plaintiffs. Any such payment
must clearly indicate that it is for the filing fee of "Nutt and
Williams. v. Johnson, et al.; 4:05CV01400 JLH/JTR." In contrast,
if the Plaintiffs choose to proceed in forma pauperis, rather
than paying the filing fee, they must each file separate and
properly completed Applications to Proceed In Forma
In the instance that Plaintiffs choose to request permission to
proceed in forma pauperis, they should be aware that, even if
such permission is granted, they must, nevertheless, pay the $250
filing fee. 28 U.S.C. § 1915(b)(1). The only difference is that
by being granted permission to proceed in forma pauperis,
Plaintiffs will be allowed to pay the $250 filing fee in
installments over a period of time, rather than in one lump
payment. Ashley v. Dilworth, 147 F.3d 715, 716 (8th Cir.
1998). However, Plaintiffs should be aware that if their case is
subsequently dismissed for any reason, including a determination
that it is frivolous, malicious, fails to state a claim, or seeks
monetary relief against a defendant who is immune from such
relief, the full amount of the $250 filing fee will be collected,
and no portion of this filing fee will be refunded to the
prisoner. II. Screening
The Prison Litigation Reform Act requires federal courts to
screen prisoner complaints seeking relief against a governmental
entity, officer, or employee. 28 U.S.C. § 1915A(a). The Court
must dismiss a complaint or a portion thereof if the prisoner has
raised claims that: (a) are legally frivolous or malicious; (b)
fail to state a claim upon which relief may be granted; or (c)
seek monetary relief from a defendant who is immune from such
relief. 28 U.S.C. § 1915A(b).
In conducting its review, the Court is mindful that a complaint
should be dismissed for failure to state a claim only if it
appears beyond doubt that a plaintiff can prove no set of facts
in support of the claim or claims that would entitle him to
relief. Springdale Educ. Ass'n v. Springdale Sch. Dist.,
133 F.3d 649, 651 (8th Cir. 1998). The Court must accept the
factual allegations in the complaint as true and hold a
plaintiff's pro se complaint "to less stringent standards than
formal pleadings drafted by lawyers." Haines v. Kerner,
404 U.S. 519, 520-21 (1972). However, such liberal pleading standards
apply only to a plaintiff's factual allegations. Neitzke v.
Williams, 490 U.S. 319, 330 n. 9 (1989). A plaintiff's complaint
still must contain allegations sufficient to state a claim, as a
matter of law, and must not set forth allegations that are merely
conclusory. Martin v. Sargent, 780 F.2d 1334, 1337 (8th
In the Complaint, Plaintiff Nutt alleges that Defendants
delayed approximately ten days in providing him with medical care
for a spider bite. See docket entry #1. As it now stands,
Plaintiff's allegations are too vague to enable the Court to
determine whether they are frivolous/malicious or fail to state a
claim for relief under § 1915A.
In contrast, Plaintiff Williams has not raised any
allegations in regard to inadequate medical care or any other
constitutional violations that he personally suffered.
Additionally, Plaintiff Williams did not sign the Complaint.
Accordingly, the Court will send each Plaintiff a separate
Amended Complaint form, which they must individually complete,
sign, and return to the Court within thirty days of the entry of
this Order. Plaintiffs must complete each part of the supplied form
without attaching any additional sheets or writing on the back
of the supplied form and, when possible, provide specific facts
concerning their allegations including, where applicable, dates,
times, and places.
Finally, the Court notes that, within the last month, Plaintiff
Williams has filed four other lawsuits in this district: (1)
Williams et al. v. Johnson, et al. 4:05CV01315 JMM/JWC; (2)
Williams et al. v. Johnson, et al., 4:05CV01346 WRW/HDY; (3)
Williams et al. v. Johnson, et al. 4:05CV01347 JLH/HDY; and (4)
Williams et al. v. Johnson, et al. 4:05CV01357 WRW/HDY. In most
of those actions, Plaintiff has not raised separate allegations
as to how his constitutional rights were personally violated and,
instead, merely signed Complaints raising allegations suffered by
other detainees at the PCDF. As explained in footnote 1 to this
Order, Plaintiff Williams may incur a separate "strike" if he is
dismissed from any of those actions because: (1) they are
malicious or frivolous; (2) Plaintiff Williams has failed to
state a separate claim upon which relief may be granted; or (3)
Plaintiff Williams fails to timely and properly respond to a
Court order. Thus, it would be better for Plaintiff to file a
Motion to Voluntarily Dismiss himself from any case in which he
does not allege a personally suffered constitutional violation.
1. The Clerk is directed to send Plaintiffs Nutt and Williams
separate Applications to Proceed In Forma Pauperis, along with
separate prisoner calculation sheets.
2. Plaintiffs Nutt and Williams shall, within thirty days of
the entry of this Order, either: (a) pay the $250 filing fee in
full; or (b) file separate and properly completed
Applications to Proceed In Forma ...