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Jimenez v. Duvall

January 17, 2006

THADDEUS JIMENEZ, INMATE #K51114, PLAINTIFF,
v.
THOMAS A. DUVALL, SCOTT T. MINH, ANDREW N. WILSON, DEBBIE MIDDENDORF, AND EUGENE M. MCADORY, DEFENDANTS.



The opinion of the court was delivered by: Foreman, District Judge

MEMORANDUM AND ORDER

Plaintiff, a former inmate in the Menard Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Plaintiff previously was granted leave to proceed in forma pauperis, and he has tendered his initial partial filing fee as ordered.

To facilitate the orderly management of future proceedings in this case, and in accordance with the objectives of Federal Rules of Civil Procedure 8(f) and 10(b), the Court finds it appropriate to break the claims in plaintiff's pro se complaint and other pleadings into numbered counts, as shown below. The parties and the Court will use these designations in all future pleadings and orders, unless otherwise directed by a judicial officer of this Court. The designation of these counts does not constitute an opinion as to their merit.

COUNT 1: Against defendant Duvall for confiscation of Plaintiff's personal property, in violation of the Fourth Amendment.

COUNT 2: Against defendants Minh and Wilson for denying Plaintiff a fair disciplinary hearing, in violation of due process.

COUNT 3: Against unspecified defendants for cruel and unusual conditions of confinement in the segregation unit at Menard Correctional Center.

COUNT 4: Against defendants Middendorf and McAdory for failing to respond to his grievances.

This case is now before the Court for a preliminary review of the complaint pursuant to 28 U.S.C. § 1915A, which provides:

(a) Screening.-- The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.

(b) Grounds for Dismissal.-- On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint--

(1) is frivolous, malicious, or fails to state a claim on which relief may be granted; or

(2) seeks monetary relief from a defendant who is immune from such relief.

28 U.S.C. § 1915A. An action or claim is frivolous if "it lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989). Upon careful review of the complaint and any supporting exhibits, the Court finds it appropriate to exercise its authority under ยง ...


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