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Ware v. Love

January 22, 2009

ERIC WARE, PLAINTIFF,
v.
CHAPLAIN LOVE, ET AL., DEFENDANTS.



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

MEMORANDUM AND ORDER

The Court previously separated the third amended complaint into five counts and advised Plaintiff that some of his claims were improperly joined (see Doc. 28). Plaintiff then moved for voluntary dismissal of Count 3 and Count 4 (Doc. 30); this motion is GRANTED.

Also before the Court is Plaintiff's motion to supplement pleading (Doc. 31). In this motion, Plaintiff notes that his third amended complaint (Doc. 26) did not include a "statement of venue." Even without such an official statement, though, it is clear from that pleading that venue is proper in this district -- Plaintiff indicates that all Defendants may be found at the Lawrence Correctional Center, that he resided at Lawrence at the time of the alleged events, and it is clear that all alleged events occurred at Lawrence. Thus, the motion to supplement is unnecessary and is denied.

The three remaining counts from the third amended complaint are: COUNT 1: Against Defendants Love, Ryker, Houston, and Benton for interfering with his rights to practice his religion.

COUNT 2: Against Defendants Ryker, Lofton, Harding, Benton, and Walker for deliberate indifference to his medical needs.

COUNT 5: Against Defendant Ryker for subjecting him to unacceptable conditions of confinement.

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 states that he is a practicing Muslim. He alleges that in October 2007, Defendant Love removed Plaintiff's name from the approved list to obtain a special religious diet, and that Love also has discriminated against him and other Muslims in other ways (¶¶ 15-22). Plaintiff also alleges that Defendant Houston has deliberately caused him to miss religious services because Houston does not like Muslims (¶¶ 30-31). Finally, Plaintiff alleges that neither Defendant Ryker nor ...


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