Pierre Nathaniel Parker v. Peggy Horst et al.

Summary

The United States District Court for the Eastern District of Missouri grants Pierre Nathaniel Parker’s renewed application to proceed in forma pauperis and assesses an initial partial filing fee of $55.27 under 28 U.S.C. § 1915. The Court also grants Parker additional time to file an amended prisoner civil-rights complaint including all intended defendants. Parker must pay the fee and file the amended complaint by January 9, 2026, or the action may be dismissed without prejudice.

Holdings

1. Parker's renewed in forma pauperis application should be granted because he submitted the required affidavit and a certified inmate-account statement covering the relevant six-month period.
2. Parker must pay an initial partial filing fee of $55.27.
3. When the Court had already granted Parker's request to add a defendant, his subsequent motion for leave to file an amended complaint was properly construed as a request for additional time to file the amended complaint.
4. Parker's amended complaint must completely replace the original complaint and include every claim and defendant he intends to pursue.

Questions Presented

1. Whether Parker satisfied the statutory requirements to proceed in forma pauperis under 28 U.S.C. § 1915.
2. What initial partial filing fee should be assessed based on Parker's certified inmate-account statement.
3. Whether Parker's motion for leave to file an amended complaint should be construed as a request for additional time when the Court had already granted permission to add a defendant.
4. Whether Parker must include all claims and defendants he intends to pursue in the amended complaint.

Disposition

other