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Gay v. Chandra

April 25, 2006

ANTHONY GAY, INMATE #B62251, PLAINTIFF,
v.
DR. CHANDRA, DEFENDANTS.



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

MEMORANDUM AND ORDER

Plaintiff, an inmate in the Tamms Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983.

In Forma Pauperis Status

On March 9, 2005, Plaintiff was granted leave to proceed in forma pauperis and was assessed an initial partial filing fee, which he paid on July 7, 2005. After it came to the Court's attention that Plaintiff had "on three or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted," see 28 U.S.C. § 1915(g), the Court ordered Plaintiff to pay the balance due of the filing fee or have the case dismissed (Doc. 9). In response, Plaintiff filed two documents: a "judicial notice," in which he stated that he is under imminent danger (Doc. 10), and a "motion to show cause why plaintiff should be allowed to continue to proceed in forma pauperis" (Doc. 11). In the motion, Plaintiff states that he is under imminent danger, and should be allowed to proceed in forma pauperis under 28 U.S.C. § 1915(g) because he has a mental illness that is not being treated, causing him to mutilate himself and putting him at greater risk to commit suicide. The Court finds that Plaintiff has shown that he is in imminent danger and will be allowed to continue to proceed in forma pauperis. As such, Plaintiff's motion to proceed in forma pauperis under imminent danger (Doc. 11) is GRANTED.

Threshold Review of the Complaint pursuant to 28 U.S.C. § 1915A

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

(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 that none of the claims in the complaint may be dismissed at this point in the litigation.

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 Chandra for subjecting him to cruel and unusual ...


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