Stevens v. Shewmaker

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOSHUA LUKE STEVENS, 	)
)
Plaintiff, 	)
)
v. 	) 	No. 4:25-CV-01618 RWS
)
MICHAEL SHEWMAKER, 	)
)
Defendants. 	)
MEMORANDUM AND ORDER
This matter is before the Court upon the Motion of self-represented Plaintiff Joshua Stevens
for Leave to Proceed in Forma Pauperis. [ECF No. 9]. Also before the Court is Plaintiff’s second
Motion for Appointment of Counsel. [ECF No. 6].
Having reviewed the Motion for Leave to Proceed in Forma Pauperis and the financial
information submitted in support, the Court has determined Plaintiff lacks sufficient funds to pay
the entire filing fee and will assess an initial partial filing fee of $25.67. See 28 U.S.C. § 1915(b)(1).
Additionally, for the reasons discussed below, the Court will require Plaintiff to submit a Second
Amended Complaint on a Prisoner Civil Rights Complaint form. Plaintiff will be given 21 days to
submit his Second Amended Complaint. Plaintiff’s Motion for Appointment of Counsel will be
denied without prejudice. [ECF No. 6].
28 U.S.C. § 1915(b)(1)
Pursuant to 28 U.S.C. § 1915(b)(1), a prisoner bringing a civil action in forma pauperis is
required to pay the full amount of the filing fee. If the prisoner has insufficient funds in his or her
prison account to pay the entire fee, the Court must assess and, when funds exist, collect an initial
partial filing fee of 20 percent of the greater of (1) the average monthly deposits in the prisoner's
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account, or (2) the average monthly balance in the prisoner's account for the prior six-month
period. After payment of the initial partial filing fee, the prisoner is required to make monthly
payments of 20 percent of the preceding month's income credited to the prisoner's account. 28
U.S.C. § 1915(b)(2). The agency having custody of the prisoner will forward these monthly
payments to the Clerk of Court each time the amount in the prisoner's account exceeds $10, until
the filing fee is fully paid. Id.
Plaintiff has submitted an affidavit and a certified copy of his prison account statement for
the six-month period immediately preceding the submission of his complaint. A review of
Plaintiff's account indicates an average monthly deposit of $72.17, and an average monthly balance
of $128.39. Plaintiff has insufficient funds to pay the entire filing fee. Accordingly, the Court will
assess an initial partial filing fee of $25.67, which is 20 percent of Plaintiff's average monthly
balance.
The Amended Complaint
Plaintiff Joshua Stevens, an inmate at South Central Correctional Center (SCCC) in
Licking, Missouri, filed a handwritten Civil Complaint on October 30, 2025. [ECF No. 1].
Plaintiff’s Civil Complaint was styled as a habeas corpus action, although his claims were best
interpreted as a civil rights case under 42 U.S.C. § 1983. Accordingly, on November 4, 2025, the
Court ordered Plaintiff to Amend his Complaint on a Court-provided Prisoner Civil Rights
Complaint form. [ECF No. 4]. Plaintiff submitted the Amended Complaint on December 3, 2025.
[ECF No. 8]. Although Plaintiff filed an Amended Complaint on a Court-form, he failed to
complete the “Statement of Claim” portion of the Complaint. Instead, Plaintiff wrote:
I need an attorney for this, the matter is exceedingly complex, an investigation is
needed, I have no legal expertise, and it is in both the Courts [sic] and my own best
interests [sic] to appoint assistance of counsel.
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[ECF No. 8 at 3]. Plaintiff, however, failed to indicate what made the case so complex or why he
believed he was unable to state his claims on his own behalf. In the Motion for Appointment of
Counsel filed on November 24, 2025, Plaintiff also failed to indicate why he could not bring claims
on his own behalf. [ECF No. 6].
Plaintiff additionally left the “Injuries” section of the Amended Complaint blank, as well
as the “Relief” section. [ECF No. 8 at 4-5]. Plaintiff has also failed to indicate in his Amended
Complaint whether he fully exhausted his administrative remedies at the Missouri Department of
Corrections prior to bringing his claims before the Court. Id. at 5-7.
Discussion
Because Plaintiff has failed to articulate why he is unable to proceed on his own behalf,
this Court finds that Plaintiff is required to fill out all sections of the Court-form to pursue a case
in this Court. And as a self-represented litigant, he is also required to follow both this Court’s
Local Rules and the Federal Rules of Civil Procedure. See U.S. v. Wilkes, 20 F.3d 651, 653 (5th
Cir. 1994); Boswell v. Honorable Governor of Texas, 138 F.Supp.2d 782, 785 (N.D. Texas 2000).
The Court will provide Plaintiff 21 days to submit a Second Amended Complaint on a Court-
provided form in accordance with the instructions set forth below.
In the “Statement of Claim” section of the Complaint form, Plaintiff is required to fill in
the facts relating to his claim or claims. And he must connect each claim to each named defendant.
Plaintiff should not cite to any caselaw in the “Statement of Claim.” Rather, he should simply set
forth what happened to him, when it happened, where it happened, what injuries he suffered, and
what each defendant did to harm him.
Under the “Injuries” section of the Complaint form, Plaintiff should simply describe if he
has any physical, mental or emotional injuries because of the alleged conduct he is complaining of
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in the Second Amended Complaint. If he received treatment for the alleged wrong, he should
mention what treatment was received. Under the “Relief” section of the Second Amended
Complaint, Plaintiff should state whether he is requesting money damages and whether they are
made up of actual damages or punitive damages. Plaintiff should also explain why he believes he
is entitled to those damages.
Plaintiff is also required to explain what action he has taken to address his administrative
remedies at the Missouri Department of Corrections. For example, he should indicate if he has
filed an IRR, grievance or grievance response relative to his claims. Plaintiff must have filed these
documents at the Missouri Department of Corrections before filing suit in this Court.
If Plaintiff fails to file his Second Amended Complaint on a Court-provided form within
21 days of the date of this Order, the Court will dismiss this action without prejudice and without
further notice.
Motion for Appointment of Counsel
Plaintiff has filed a new Motion for Appointment of Counsel. [ECF No. 6]. The Motion
will be denied at this time.
In civil cases, a pro se litigant does not have a constitutional or statutory right to appointed
counsel. Ward v. Smith, 721 F.3d 940, 942 (8th Cir. 2013). See also Stevens v. Redwing, 146 F.3d
538, 546 (8 th Cir. 1998) (stating that “[a] pro se litigant has no statutory or constitutional right to
have counsel appointed in a civil case”). Rather, a district court may appoint counsel in a civil case
if the court is “convinced that an indigent plaintiff has stated a non-frivolous claim…and where
the nature of the litigation is such that plaintiff as well as the court will benefit from the assistance
of counsel.” Patterson v. Kelley, 902 F.3d 845, 850 (8th Cir. 2018). When determining whether to
appoint counsel for an indigent litigant, a court considers relevant factors such as the complexity
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of the case, the ability of the pro se litigant to investigate the facts, the existence of conflicting
testimony, and the ability of the pro se litigant to present his or her claim. Phillips v. Jasper Cty.
Jail, 437 F.3d 791, 794 (8th Cir. 2006).
After reviewing these factors, and the factors distinguished in the “Amended Complaint”
section above, the Court finds that the appointment of counsel is not warranted at this time. Plaintiff
has not indicated in his memoranda before the Court why it is necessary to have counsel appointed
to him. He has not provided any facts indicating why he cannot fill out the necessary Complaint
form to present his claims to this Court. As such, the Court will deny Plaintiff’s Motion for counsel.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff's Motion to Proceed in Forma Pauperis [ECF
No. 9] is GRANTED.
IT IS FURTHER ORDERED that the Plaintiff shall pay an initial filing fee of $25.67
within 21 days of the date of this Order. Plaintiff is instructed to make his remittance payable to
“Clerk, United States District Court,” and to include upon it: (1) his name; (2) his prison
registration number; (3) the case number; and (4) that the remittance is for an original proceeding.
IT IS FURTHER ORDERED that the Clerk is directed to mail to Plaintiff two copies of
the Court’s Prisoner Civil Rights Complaint forms.
IT IS FURTHER ORDERED that Plaintiff must file a Second Amended Complaint, in
accordance with the instructions set forth above, on the Court’s form within 21 days of the date
of this Order.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Appointment of Counsel [ECF
No. 6] is DENIED without prejudice at this time.
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IT IS FINALLY ORDERED that if Plaintiff fails to comply with this Order, the Court
will dismiss this action without prejudice and without further notice.
Dated this 19th day of December, 2025.
RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
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