United States District Court, E.D. Wisconsin
William C. Griesbach, United States District Judge.
Edward Louis Esposito, who is currently incarcerated at the
Racine County Jail and representing himself, filed a
complaint under 42 U.S.C. § 1983, alleging that his
civil rights were violated. This matter comes before the
court on Plaintiff's motion for leave to proceed without
prepaying the full filing fee and to screen the complaint.
to Proceed without Prepayment of the Filing Fee
has requested leave to proceed without prepayment of the full
filing fee (in forma pauperis). A prisoner plaintiff
proceeding in forma pauperis is required to pay the
full amount of the $350.00 filing fee over time. See
28 U.S.C. § 1915(b)(1). Plaintiff has filed a certified
copy of his prison trust account statement for the six-month
period immediately preceding the filing of his complaint, as
required under 28 U.S.C. § 1915(a)(2). Because Plaintiff
lacks the funds to pay an initial partial filing fee, the
court waives the initial partial filing fee and will grant
Plaintiff's motion for leave to proceed without
prepayment of the full filing fee.
of the Complaint
court is required to screen complaints brought by prisoners
seeking relief against a governmental entity or officer or
employee of a governmental entity. 28 U.S.C. § 1915A(a).
The court must dismiss a complaint or portion thereof if the
prisoner has raised claims that are legally “frivolous
or malicious, ” that fail to state a claim upon which
relief may be granted, or that seek monetary relief from a
defendant who is immune from such relief. 28 U.S.C. §
1915A(b). A claim is legally frivolous when it lacks an
arguable basis either in law or in fact. Denton v.
Hernandez, 504 U.S. 25, 31 (1992); Neitzke v.
Williams, 490 U.S. 319, 325 (1989); Hutchinson ex
rel. Baker v. Spink, 126 F.3d 895, 900 (7th Cir. 1997).
state a cognizable claim under the federal notice pleading
system, Plaintiff is required to provide a “short and
plain statement of the claim showing that [he] is entitled to
relief.” Fed.R.Civ.P. 8(a)(2). The complaint must
contain sufficient factual matter “that is plausible on
its face.” Ashcroft v. Iqbal, 556 U.S. 662,
678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550
U.S. 544, 570 (2007)). The court accepts the factual
allegations as true and liberally construes them in the
plaintiff's favor. Turley v. Rednour, 729 F.3d
645, 651 (7th Cir. 2013). Nevertheless, the complaint's
allegations “must be enough to raise a right to relief
above the speculative level.” Twombly, 550
U.S. at 555 (citation omitted).
alleges that he experienced cruel and unusual treatment at
the Racine County Jail. He names the Racine County Jail as
the sole defendant in this action. The Jail is not a suable
entity. See Smith v. Knox Cty. Jail, 666 F.3d 1037,
1040 (7th Cir. 2012). If Plaintiff wishes to proceed with
this lawsuit, he must (1) file an amended complaint that
identifies the individual or individuals responsible for the
complained of conduct, (2) list the individual(s) in the
caption of the amended complaint, and (3) explain what each
individual did to allegedly violate Plaintiff's
constitutional rights. In other words, Plaintiff must clearly
set forth the who, what, when, and where of what he alleges
occurs. If Plaintiff does not know the names of the
individuals responsible for the complained of conduct,
Plaintiff may use John and Jane Doe placeholders in his
amended complaint, with the understanding that he will need
to conduct discovery to identify the names of the defendants.
An amended complaint must be filed on or before February 10,
2020. Failure to file an amended complaint within this time
period may result in dismissal of this action.
is advised that the amended complaint must bear the docket
number assigned to this case and must be labeled
“Amended Complaint.” The amended complaint
supersedes the prior complaint and must be complete in itself
without reference to the original complaint. See Duda v.
Bd. of Educ. of Franklin Park Pub. Sch. Dist. No. 84,
133 F.3d 1054, 1056-57 (7th Cir. 1998). In Duda, the
appellate court emphasized that in such instances, the
“prior pleading is in effect withdrawn as to all
matters not restated in the amended pleading.”
Id. at 1057 (citation omitted). If an amended
complaint is received, it will be screened pursuant to 28
U.S.C. § 1915A.
IS THEREFORE ORDERED that Plaintiff's motion for
leave to proceed in forma pauperis (Dkt. No. 2) is
IS FURTHER ORDERED that on or before
February 10, 2020, Plaintiff shall file an
amended pleading curing the defects in the original complaint
as described herein.
IS FURTHER ORDERED that the agency having custody of
the prisoner shall collect from his institution trust account
the $350.00 balance of the filing fee by collecting monthly
payments from Plaintiff's prison trust account in an
amount equal to 20% of the preceding month's income
credited to the prisoner's trust account and forwarding
payments to the Clerk of Court each time the amount in the
account exceeds $10 in accordance with 28 U.S.C. §
1915(b)(2). The payments shall be clearly identified by the
case name and number assigned to this action. If Plaintiff is
transferred to another institution, the transferring
institution shall forward a copy of this Order along with
Plaintiff's remaining balance to the receiving
IS FURTHER ORDERED that copies of this order be sent
to the officer in charge of the ...