Skinner v. Jefferson City Correctional Center Censorship Committee Et Al - Document No. 8
Skinner v. Jefferson City Correctional Center Censorship Committee Et Al - Document No. 8
Plaintiff John Skinner, an inmate confined in a Missouri penal institution, brought this
case under the Civil Rights Act of 1871, 42 U.S.C. § 1983, and its corresponding jurisdictional
statute, 28 U.S.C. § 1343. This case was referred to the undersigned United States Magistrate
Judge for processing in accord with the Magistrate Act, 28 U.S.C. § 636, and L.R. 72.1. Named
as defendants are Jefferson City Correctional Center Censorship Committee, Jefferson City
Correctional Center and Missouri Department of Corrections.
Plaintiff complains that defendants censor his magazine and newspaper subscriptions, in
violation of his rights under the First Amendment to the United States Constitution, and that the
procedures used also violate his rights. Plaintiff also seeks certification of a class action.
Plaintiff has requested leave to proceed without prepaying the filing fee and costs. 28
U.S.C. § 1915(a). Pursuant to the Prison Litigation Reform Act, the court is required to screen
prisoner cases and must dismiss a complaint, or any portion of the complaint, if satisfied that the
action is frivolous, malicious, or fails to state a claim under which relief may be granted, or seeks
monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1) and
(2). Additionally, under section 1915(g), if a prisoner, while incarcerated, has had three cases
dismissed on any of these grounds, the court must deny leave to proceed under section 1915(a).
The only exception to the successive petition clause is when the prisoner faces "imminent danger
of serious physical injury." 28 U.S.C. § 1915(g).
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The initial payment is assessed at "20 percent of the greater of (A) the average monthly
deposits to the prisoner’s account; or (B) the average monthly balance in the prisoner’s account
for the 6-month period immediately preceding the filing of the complaint or notice of appeal."
The installment payments will be assessed at "20 percent of the preceding month’s income
credited to the prisoner’s account. The agency having custody of the prisoner shall forward
payments from the prisoner’s account to the clerk of the court each time the amount in the
account exceeds $10 until the filing fees are paid." 28 U.S.C. § 1915. If plaintiff has not signed
an authorization for release of inmate account funds, he will need to do so promptly.