Eric Busey v. Sarah Womack, et al.

Summary

The United States District Court for the Eastern District of Missouri grants Eric Busey’s application to proceed in forma pauperis and assesses an initial partial filing fee of $2.64. The court denies his motion for appointment of counsel without prejudice and directs him to file an amended complaint connecting each defendant to the alleged violations of his religious dietary rights. The court warns that failure to file an amended complaint within 30 days will result in dismissal without prejudice.

Holdings

1. The complaint failed to state a claim because it contained only general criticisms of food services and did not allege facts connecting either defendant to the alleged religious violations.
2. The court allowed plaintiff to file an amended complaint within thirty days and required the amendment to identify the factual basis for each defendant's liability and comply with Rules 8 and 10.
3. Appointment of counsel was denied without prejudice because plaintiff had not yet presented a nonfrivolous claim and the case appeared factually and legally straightforward.
4. Plaintiff was granted leave to proceed without prepaying costs or fees and was assessed an initial partial filing fee of $2.64.

Questions Presented

1. Whether the complaint stated a plausible claim for relief under the applicable federal pleading standards when it alleged general criticisms of prison food services but did not connect either defendant to the alleged religious-diet violations.
2. Whether plaintiff should be granted leave to file an amended complaint identifying each defendant's personal involvement and complying with Rules 8 and 10 of the Federal Rules of Civil Procedure.
3. Whether plaintiff was entitled to appointment of counsel at this stage of the civil action.
4. Whether plaintiff was entitled to proceed in forma pauperis and what initial partial filing fee was required under 28 U.S.C. § 1915(b)(1).

Disposition

other