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Spivey v. Walker

January 22, 2007

RAY CHARLES SPIVEY, PLAINTIFF,
v.
ROGER E. WALKER, JR., JOHN MOORE, CHRISTINE SHORN, NURSE AMY, SYDNEY MCDONALD, C/O ROBINSON, C/O SMITH, C/O MEZO, C/O CRUMBACHER, SGT. DUNN, LT. ASHBY, BILL DAY AND LT. FORDSOME, DEFENDANTS.



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

MEMORANDUM AND ORDER

Plaintiff, an inmate in the Menard Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. 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 unnamed individuals for not providing him with proper procedural due process.

COUNT 2: Against unnamed individuals for not providing a toilet in the segregation yard.

COUNT 3: Against unnamed individuals for implementing an unfair long-distance telephone call policy.

COUNT 4: Against Defendants Dunn and Ashby for confining him to a segregation cell with inadequate ventilation.

COUNT 5: Against Defendants Smith, Fordsome, Crumbacher, Robinson, Shorne, Amy,

McDonald and Moore for not providing him with medical treatment during his hunger strikes.

COUNT 6: Against Defendants Smith and Mezo for an unfair disciplinary ticket. COUNT 7: Against Defendant Fordsome, Dunn and Smith for failing to provide him with proper separation from his declared enemies.

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 ...


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