Summary
This federal district court order addresses pro se prisoner Khabir Daniel’s motion to proceed in forma pauperis and conducts an initial screening of his § 1983 complaint. The court grants the IFP motion but orders the payment of a $350 filing fee in installments under the Prison Litigation Reform Act. Upon reviewing the complaint, the court finds it deficient for failing to plausibly allege unconstitutional conduct or personal involvement by the named defendants, particularly regarding supervisory liability and deliberate indifference to medical needs. The plaintiff is granted fourteen days to refile a compliant complaint on the court’s standard form and pay the initial partial filing fee.
Topics
Practice areas
Questions Presented
- Whether the plaintiff’s complaint sufficiently states a claim under 42 U.S.C. §1983.
- Whether the plaintiff may proceed in forma pauperis and what filing‑fee obligations apply.
Holdings
- The motion to proceed in forma pauperis is granted, but the plaintiff must pay the $350 filing fee in installments as required by 28 U.S.C. §1915(b)(1).
- The complaint is insufficient; the plaintiff must amend it on the standard §1983 form and include specific factual allegations showing a causal connection between each defendant’s conduct and the alleged constitutional violation.
Key quotations
“A district court properly dismisses a claim when the plaintiff, other than naming the defendant in the caption of the complaint, fails to state any allegations that connect the defendant with an alleged constitutional violation.” (at 1)
“Supervisory officials are not liable under §1983 for the unconstitutional acts of their subordinates on the basis of respondeat superior or vicarious liability.” (at 1)
Factual background
Prisoner Khabir Daniel, incarcerated at Wilcox State Prison, alleges denial of restorative medical treatment and grievance failures by Warden Charles Mims and several prison staff members, but provides no specific factual allegations linking the defendants to constitutional violations.
Procedural history
Plaintiff filed a §1983 complaint pro se and moved to proceed in forma pauperis. The court ordered payment of a partial filing fee and required the plaintiff to recast the complaint on the standard form.
Remand instructions
Plaintiff must file a recast §1983 complaint on the standard form within fourteen (14) days of this order and pay the initial partial filing fee of $50.33; thereafter monthly payments will be deducted from his trust account until the full $350 fee is satisfied.