United States District Court, D. Massachusetts
MEMORANDUM AND ORDER
J. Casper, United States District Judge.
reasons set forth below, the Court allows Plaintiff's
motion to proceed in forma pauperis; denies
Plaintiff's motions for appointment of counsel, for
private investigator, for appointment of Marshal and for
records from DLC, PLS, DPPC, OCCC. If Plaintiff wishes to
proceed with this action, the Court grants him time to file
an amended complaint that cures the pleading deficiencies
Ephiphany Lazaru King Lazarre, now in custody at the Old
Colony Correctional Center, brings this action seeking
monetary damages from fifty-eight defendants for alleged
“medical malpractices, damages, conscious pain and
suffering and emotional distress, neglects, discriminations,
civil rights, crimes, threats, manipulation, racism,
contraband, false punishments, malicious abuses,
[unintelligible], defamations, violations, lost wages,
traumas and the voices of the martyrs and others I will bring
to court very soon”. D. 1, p. 30, see also Id.
p. 3 (introduction).
alleges that he speaks “Haitian Creole and [is] unable
to write everything in English and [does] not have [any]
experience in law.” Id. at p. 31. Plaintiff
brings this action pursuant to 42 U.S.C. § 1983
alleging, among other things, deliberate indifference to
plaintiff's serious medical needs. Id. at p. 18.
The factual allegations are contained in twenty-five pages,
each page handwritten and single spaced. Id. at pp.
5 - 30.
pending are Plaintiff's motions for appointment of
counsel, for appointment of private investigator, for
appointment of the United States Marshal, to proceed in
forma pauperis, and for copies of records from Old
Colony Correctional Center, Prisoners' Legal Services,
the Disability Law Center and the Disabled Persons Protection
Commission. D. 2 - 9.
Plaintiff's Motion to Proceed In Forma Pauperis
review of Plaintiff's motion for leave to proceed in
forma pauperis, the Court concludes that he is without
income or assets to pay the filing fee. The Court therefore
grants the motion and the $350 filing fee shall be collected
in accordance with 28 U.S.C. § 1915(b)(2).
Screening of the Complaint
plaintiff seeks to file a complaint without prepayment of the
filing fee, summonses do not issue until the Court reviews
the complaint and determines that it satisfies the
substantive requirements of 28 U.S.C. § 1915. Similarly,
under 28 U.S.C. § 1915A, prisoner complaints in civil
actions that seek redress from a governmental entity or
officers or employees of a governmental entity are also
subject to screening. Both § 1915 and § 1915A
authorize federal courts to dismiss a complaint sua
sponte if the claims therein lack an arguable basis in
law or in fact, fail to state a claim on which relief may be
granted, or seek monetary relief against a defendant who is
immune from such relief. See 28 U.S.C. §
1915(e)(2); 28 U.S.C. § 1915A(b).
examining the sufficiency of the pleadings, the court
considers whether the plaintiff has pled “enough facts
to state a claim to relief that is plausible on its
face.” Bell Atl. Corp. v. Twombly, 550 U.S.
544, 570 (2007). “A claim has facial plausibility when
the plaintiff pleads factual content that allows the court to
draw the reasonable inference that the defendant is liable
for the misconduct alleged.” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (citation omitted).
8(d)(1) of the Federal Rules of Civil Procedure provides that
allegations in the complaint “must be simple, concise,
and direct.” Fed.R.Civ.P. 8(d)(1). In assessing the
sufficiency of the complaint, “an inquiring court must
first separate wheat from chaff; that is, the court must
separate the complaint's factual allegations (which must
be accepted as true) from its conclusory legal allegations
(which need not be credited).” Guadalupe-Baez v.
Pesquera, 819 F.3d 509, 514 (1st Cir. 2016) (citing
Morales-Cruz v. Univ. of P.R., 676 F.3d 220, 224
(1st Cir. 2012)). The Court must then determine
“whether the well-pleaded facts, taken in their
entirety, permit ‘the reasonable inference that the
defendant is liable for the misconduct alleged.'”
Id. (citations omitted).
plaintiff's complaint need not provide an exhaustive
factual account, only a short and plain statement.
Fed.R.Civ.P. 8(a). However, the allegations must be
sufficient to identify the manner by which the defendant
subjected the plaintiff to harm and the harm ...