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Ray v. Walker

June 12, 2007

BILLY RAY, PLAINTIFF,
v.
ROGER WALKER, CHRISTINE BROWN, ADRIAN FEINERMAN, GENE PURSELL, DEAN BLADES, MARY BETH LANE, AMANDA JOHNSON, C/O DORIES, WARDEN EVANS, ASST. WARDEN FLAGG, WEXFORD HEALTHCARE AND K. BUTLER, DEFENDANTS.



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

MEMORANDUM AND ORDER

Plaintiff, an inmate in the Pinckneyville 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 amended complaint (Doc. 10) 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 Defendants Lane, Johnson, Feinerman, Brown and Wexford Health for deliberate indifference to his serious medical needs regarding his leg injury, in violation of his rights under the Eighth Amendment.

COUNT 2: Against Defendants Evans, Flagg and Blades for requiring Plaintiff to make co-payments for medical treatment.

COUNT 3: Against Defendants Dories, Butler, Pursell and Walker for requiring him to provide a sample of his DNA.

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; portions of this action are legally frivolous and thus subject to summary dismissal.

COUNT 1

While playing basketball in the yard at Pinckneyville, Plaintiff fell, injuring his right knee and leg. Defendant Mary Beth Lane arrived 10 minutes later with a wheelchair and transported him to the medical unit, where he first saw Defendant Nurse Johnson. Johnson took his vital signs but did not examine his injured leg; instead, Johnson sent him back to his housing unit. Plaintiff asked Johnson to examine his leg, but she refused, threatening him with a disciplinary ticket if he did not comply. He then asked Lane for pain medication, but that request was also refused.

Upon exiting the medical unit, Plaintiff sought assistance from another inmate to return to his housing unit, which involved climbing two flights of stairs to reach his cell. He remained there for five days without food or further medical treatment. Finally he was able to make the trek to the dining hall with the ...


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