United States District Court, C.D. Illinois
December 22, 2005.
JOHN E. BLAIR, Petitioner,
R.V. VEACH, WARDEN, Respondent.
The opinion of the court was delivered by: JOE McDADE, Chief Judge
Before the Court is John E. Blair's Motion and Affidavit in
Support of Request to Proceed in Forma Pauperis ("IFP")[Doc. # 1]
and Petition for Writ of Habeas Corpus Pursuant to
28 U.S.C. § 2241 By A Person in Federal Custody. In his Petition, Blair
complains that he has been assigned to work in the Food Services
Department in violation of his Eighth Amendment Right against
cruel and unusual punishment because he has Hepatitis C which he
alleges can be transmitted through food materials. As stated in
the responses to Blair's grievances (which are attached to the
Petition), Hepatitis C is not transmitted by food or water or
casual contact. As reported by the Illinois Department of Public
Health, Hepatitis C is spread primarily by exposure to human
HCV is spread primarily by exposure to human blood.
Approximately 80 percent of persons who share needles
to inject drugs are infected with HCV. Persons who
receive blood transfusions face some risk, although
it is very low since testing of donated blood for HCV
began in 1990. Hepatitis C has been transmitted
between sex partners and among household members, but
the degree of risk is believed to be low. HCV is not
spread by food or water or casual contact, such as
shaking hands or sharing a work space or bathroom
See Illinois Department of Public Health, Health Beat,
Blair does not have a constitution right to any particular work
assignment while in prison, see DeWalt v. Carter, 224 F.3d 607, 613 (7th Cir. 2000); and his fears of transmitting his
disease through casual contact in the Food Services Department
are baseless. Consequently, the Court finds his Petition is
frivolous and will deny his IFP application. See
42 U.S.C. 1915(e)(2) (court shall dismiss case brought without prepayment
of fees at any time if action is frivolous or malicious, fails to
state claim on which relief may be granted, or seeks monetary
relief against defendant who is immune from such relief).
IT IS THEREFORE ORDERED that John E. Blair's Motion and
Affidavit in Support of Request to Proceed in Forma Pauperis
[Doc. # 1] is DENIED and this case is DISMISSED.
© 1992-2006 VersusLaw Inc.