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Wiseman v. Johnston

January 3, 2006

RAY E. WISEMAN ADC #133427 PLAINTIFF
v.
JEFF JOHNSTON, INVESTIGATOR, FAULKNER COUNTY ET AL. DEFENDANTS



ORDER

Plaintiff, who is currently incarcerated at the Delta Unit of the Arkansas Department of Correction, has filed a pro se*fn1 § 1983 Complaint. See docket entry #1. For the reasons set forth herein, the Court will order Plaintiff to: (1) either pay the $250 filing fee in full, or file an Application to Proceed In Forma Pauperis, along with a prisoner calculation sheet; and (2) file an Amended Complaint.

I. Filing Fee

Plaintiff has neither paid the $250 filing fee nor filed an Application to Proceed In Forma Pauperis. If Plaintiff wishes to pursue this action, he must, within thirty days of the entry of this Order, either: (1) pay the $250 filing fee, in full;*fn2 or (2) file a properly completed Application to Proceed In Forma Pauperis,*fn3 along with a properly completed prisoner calculation sheet.*fn4

II. Amended Complaint

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 Cir. 1985).

In his Complaint, Plaintiff alleges that his constitutional rights were violated, in several respects, during criminal proceedings that were held against him in Faulkner County. See docket entry #1. However, as it now stands, portions of Plaintiff's Complaint are too vague to enable the Court to determine whether it is frivolous or fails to state a claim for relief under § 1915A.

Accordingly, Plaintiff is directed to file, within thirty days of the entry of this Order, an Amended Complaint that specifies: (1) the date and nature of his conviction in Faulkner County; (2) whether Plaintiff has any proceedings currently pending in state court in regard to that conviction or proceedings; (3) how Defendant Jeff Johnston was personally involved in the alleged deprivation of Plaintiff's constitutional rights; (4) how Defendant Stevens was personally involved in the alleged deprivation of Plaintiff's constitutional rights; and (5) how Defendant Steven Ralph was personally involved in the alleged deprivation of Plaintiff's constitutional rights. Plaintiff must set forth specific facts concerning his allegations including, where applicable, dates, times and places.

III. Conclusion

IT IS THEREFORE ORDERED THAT:

1. The Clerk is directed to send Plaintiff an Application to Proceed In Forma Pauperis, along with a prisoner calculation sheet.

2. Plaintiff shall, within thirty days of the entry of this Order, either: (a) pay the $250 filing fee in full; or (b) file a properly completed Application to Proceed In Forma Pauperis, along with a properly completed prisoner calculation sheet.

3. Plaintiff shall, within thirty days of the entry of this Order, file an Amended Complaint containing the information specified in this Order.

4. Plaintiff is reminded (as fully explained in footnote 1 to this Order) that the failure to timely and properly comply with any portion of this Order could result in the dismissal of this case, without prejudice, and that such dismissal ...


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