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Hill v. Illinois Dep't of Corrections

July 25, 2008

WILLIAM HILL, INMATE #B-39228, PLAINTIFF,
v.
ILLINOIS DEPARTMENT OF CORRECTIONS, DANIEL AUSTIN AND BILLY GROANING, DEFENDANTS.



The opinion of the court was delivered by: Herndon, Chief Judge

MEMORANDUM AND ORDER

Plaintiff, formerly an inmate in the Shawnee Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Despite having accumulated "three strikes," the Court granted his motion for leave to proceed in forma pauperis, finding that at least some of his allegations supported his claim that he is under "imminent danger of serious physical injury." See 28 U.S.C. § 1915(g).

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 Groaning for assault and threat of assault.

COUNT 2: Against Defendants Austin and Groaning for placing him in segregation in retaliation for filing grievances against Groaning and other I.D.O.C. personnel.

COUNT 3: Against unspecified officers for assault.

COUNT 4: Against unspecified defendants for failure to treat a mouth infection.

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 subject to summary dismissal.

COUNT 1

Plaintiff alleges that in September 2006, Defendant Groaning threatened to kill him; this threat came after Groaning and other officers ...


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