United States District Court, E.D. Arkansas, Jonesboro Division
T. KEARNEY, UNITED STATES MAGISTRATE JUDGE.
Nicholas Addison, an inma te proceeding pro se,
filed this civil rights action pursuant to 42 U.S.C. §
1983, together with a Calculation Sheet, which this Court
construes as a Motion to Proceed in forma pauperis,
pursuant to 28 U.S.C. § 1915 (Doc. No. 2). Although
Plaintiff submitted a declaration that makes the showing
required by § 1915(a), his Motion will be held in
abeyance, pending the filing of an Amended Complaint.
Court is required to screen complaints seeking relief against
a governmental entity or officer or employee of a
governmental entity. 28 U.S.C. §1915(a). Additionally,
the Prison Litigation Reform Act (PLRA), 28 U.S.C. §
1915(g), provides that:
[i]n no event shall a prisoner bring a civil action or appeal
a judgment in a civil action or proceeding under this section
if the prisoner has, on three (3) 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
has had at least three complaints dismissed as frivolous and
for failure to state a claim,  and is considered a
“three-striker” within the meaning of the PLRA.
Plaintiff may, however, be permitted to proceed in forma
pauperis if he falls under the “imminent
danger” exception to the three strikes rule set forth
above. 28 U.S.C. §1915(g). This exception does not apply
to allegations of past danger, and the alleged harm must be
“real and proximate” and occurring at the time
the complaint is filed. Lewis v. Sullivan, 279 F.3d
526, 531 (7th Cir. 2002). In the Eighth Circuit, the
exception does not apply unless plaintiff alleges
“specific fact allegations of ongoing serious physical
injury, or of a pattern of misconduct evidencing the
likelihood of imminent serious physical injury.”
Martin v. Shelton, 319 F.3d 1048, 1050 (8th Cir.
2003). Furthermore, although serious physical injury is not
defined in the statute, the phrase has been interpreted to
include a “chronic disease that could result in serious
harm.” Ibrahim v. District of Columbia, 463
F.3d 3, 7 (D.C.Cir.2006).
case, Plaintiff complains he is not receiving adequate food
and nutrition at the Jail, which is causing him to lose
weight. He does not, however, allege any specific improper
actions by any of the four named Defendants.
Court is unsure at this point whether Plaintiff's
allegations are sufficient to support a finding that he is in
imminent danger of serious physical injury, as provided in
the statute. Conditions which “deprive inmates of the
minimal civilized measure of life's necessities, ”
may be considered cruel and unusual, and therefore,
unconstitutional. See Rhodes v. Chapman, 452 U.S.
337, 347 (1981). In determining when pretrial detention is
considered unconstitutionally punitive, the courts apply the
Eighth Amendment deliberate indifference standard, focusing
on the length of exposure to unsanitary conditions and the
degree to which the conditions are unsanitary. Whitnack
v. Douglas County, 16 F.3d 954, 957 (8th Cir. 1994).
“Conditions of confinement, however, constitute cruel
and unusual punishment ‘only when they have a mutually
enforcing effect that produces the deprivation of a single,
identifiable human need such as food, warmth, or
exercise.'” Id., (quoting Wilson v.
Seiter, 501 U.S. 294, 304 (1991)).
prior to ruling on his Motion, the Court will provide
Plaintiff the opportunity to submit to the Court, within
thirty (30) days of the entry date of this Order, a
superseding Amended Complaint which contains all of his
claims against all Defendants he is suing in a single
document. Plaintiff is cautioned that an Amended Complaint
will render his original Complaint without legal
effect. Plaintiff's Amended Complaint should:
1) name all the parties he believes deprived him of his
constitutional rights and whom he wishes to sue in this
action; 2) provide specific facts against each named
Defendant in a simple, concise, and direct manner; 3)
indicate whether he is suing each Defendant in his/her
individual or official capacity, or in both capacities; 4)
state how he was harmed; and 5) provide the dates of the
actions at issue. Plaintiff should also submit any grievances
or medical records in support of his imminent danger claim.
THEREFORE, ORDERED that:
Ruling on Plaintiff's Motion to Proceed in forma
pauperis (Doc. No. 2) is held IN ABEYANCE.
Clerk shall mail a 42 U.S.C. § 1983 complaint form to
Plaintiff with this Order. Plaintiff shall complete the new
complaint form in its entirety in accordance with this Order,
mark it as “Amended ...