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Gibson v. Walker

March 1, 2007

KEVIN GIBSON, INMATE #N74818, PLAINTIFF,
v.
ROGER E. WALKER, SHELTON FREY, SHERRY BENTON, LESLIE MARKEL, MARVIN POWERS, TERRY CALIPER, AND LT. CLARK, 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. 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 § 1915A; this action is subject to summary dismissal for failure to state a claim.

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 unspecified defendants for exposing him to tobacco smoke. COUNT 2: Against unspecified defendants for denying him medical treatment.

COUNT 1

Plaintiff states that unspecified defendants have exposed him to environmental tobacco smoke, in violation of the Eighth Amendment. He states that staff members are allowed to smoke in inmate areas, and due to the lack of windows and fresh air, inmates are exposed to secondhand smoke "nearly 24 hours a day."

COUNT 2

Plaintiff states that unspecified defendants have acted with deliberate indifference to his serious medical needs by denying him medical treatment for his complaints of ...


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