United States District Court, W.D. Tennessee, Western Division
ORDER DIRECTING PLAINTIFF TO FILE AN AMENDED
COMPLAINT AND TO COMPLY WITH 28 U.S.C. §§
1915(A)(1)-(2) OR PAY THE ENTIRE $400 CIVIL FILING
D. TODD, UNITED STATES DISTRICT JUDGE
February 13, 2017, Plaintiff Kenndrick Ledbetter, booking
number 13146668, an inmate at the Shelby County Criminal
Justice Complex (“Jail”) in Memphis, Tennessee,
filed two pro se letters accompanied by copies of
grievances and responses from the Jail. (ECF No. 1.) The
Court has construed these documents as a complaint for
violation of his civil rights, pursuant to 42 U.S.C. §
1983. Plaintiff did not pay the $400 civil filing fee or
submit an application to proceed in forma pauperis
and a certified copy of his inmate trust account for the last
six months, as required by the Prison Litigation Reform Act
(“PLRA”), 28 U.S.C. §§ 1915(a)-(b).
se complaints are to be held ‘to less stringent
standards than formal pleadings drafted by lawyers, ' and
should therefore be liberally construed.”
Williams, 631 F.3d at 383 (quoting Martin v.
Overton, 391 F.3d 710, 712 (6th Cir. 2004)). Pro
se litigants, however, are not exempt from the
requirements of the Federal Rules of Civil Procedure.
Wells v. Brown, 891 F.2d 591, 594 (6th Cir. 1989);
see also Brown v. Matauszak, 415 F. App'x 608,
612, 613 (6th Cir. Jan. 31, 2011) (affirming dismissal of
pro se complaint for failure to comply with
“unique pleading requirements” and stating
“a court cannot ‘create a claim which [a
plaintiff] has not spelled out in his pleading'”
(quoting Clark v. Nat'l Travelers Life Ins. Co.,
518 F.2d 1167, 1169 (6th Cir. 1975))); Payne v. Sec'y
of Treas., 73 F. App'x 836, 837 (6th Cir. 2003)
(affirming sua sponte dismissal of complaint
pursuant to Fed.R.Civ.P. 8(a)(2) and stating,
“[n]either this court nor the district court is
required to create Payne's claim for her”); cf.
Pliler v. Ford, 542 U.S. 225, 231 (2004)
(“District judges have no obligation to act as counsel
or paralegal to pro se litigants.”).
case, Plaintiff asserts in his documents that his Eighth
Amendment rights have been violated in various ways. (ECF No.
1 at 1.) However, he names no specific
defendants and includes only very brief factual
allegations regarding each claim. Thus, in their present
form, Plaintiff's documents are inadequate to state any
claim on which relief may be granted.
is ORDERED to file an amended complaint within 30 days after
the date of this order. The text of the amended complaint
must identify each defendant sued, set forth the specific
causes of action that are asserted against each defendant,
and allege sufficient facts to support each of those claims.
If Plaintiff fails to timely file an amended complaint the
Court will dismiss the case without further notice for
failure to prosecute, pursuant to Federal Rule of Civil
the PLRA, 28 U.S.C. §§ 1915(a)-(b), a prisoner
bringing a civil action must pay the filing fee required by
28 U.S.C. § 1914(a). Although the obligation to pay the
fee accrues at the moment the case is filed, see McGore
v. Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997),
partially overruled on other grounds by LaFountain v.
Harry, 716 F.3d 944, 951 (6th Cir. 2013), the PLRA
provides the prisoner the opportunity to make a “down
payment” of a partial filing fee and pay the remainder
in installments. Id. at 604. However, in order to
take advantage of the installment procedures, the prisoner
must properly complete and submit to the district court,
along with the complaint, an in forma pauperis
affidavit and a certified copy of his trust account statement
for the six months immediately preceding the filing of the
complaint. See 28 U.S.C. § 1915(a)(2).
stated, Plaintiff has failed to pay the $400 filing fee or
submit an in forma pauperis affidavit and trust
account statement in accordance with the PLRA. Therefore,
Plaintiff is also ORDERED to submit, within 30 days after the
date of this order, either the entire $400 filing fee or a
properly completed and executed application to proceed in
forma pauperis and a certified copy of his inmate trust
account statement for the last six months. The Clerk is
directed to mail Plaintiff a copy of the prisoner in
forma pauperis affidavit form along with this order.
Plaintiff timely submits the necessary financial information
and the Court finds he is indeed indigent, the Court will
grant leave to proceed in forma pauperis and assess
a filing fee of $350 in accordance with the installment
procedures of 28 U.S.C. § 1915(b). However, if Plaintiff
fails to comply with this order in a timely manner, the Court
will deny leave to proceed in forma pauperis, assess
the entire $400 filing fee from his inmate trust account
without regard to the installment payment procedures, and
dismiss the action without further notice for failure to
prosecute, pursuant to Federal Rule of Civil Procedure 41(b).
McGore, 114 F.3d at 605.
Plaintiff needs additional time to submit either an amended
complaint or his financial information, he may, within 30
days after the date of this order, file a motion for an
extension of time.
 The Court has made an attempt to
determine, from Plaintiff's documents, the entities and
individuals he may have meant to sue. However, the documents
contain no list of defendants; therefore, the Court ...