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Walton v. Walker

May 27, 2009

ALONJE WALTON SR., PLAINTIFF,
v.
ROGER E. WALKER, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Michael J. Reagan United States District Judge

MEMORANDUM AND ORDER

REAGAN, District Judge

Plaintiff, a prisoner in the Pinckneyville Correctional Center (PCC), has filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983.. Plaintiff seeks monetary, injunctive, and declaratory relief for alleged violations of Plaintiff's constitutional and statutory rights.

PROCEDURAL BACKGROUND

In a prior Order (Doc. 13), the Court denied Plaintiff's motion to proceed in forma pauperis after finding that Plaintiff had had three or more prior actions dismissed, or partially dismissed, on the grounds that they were frivolous, malicious, or failed to state a claim upon which relief may be granted.*fn1 See 28 U.S.C. § 1915(g) The Court further found that Plaintiff's complaint failed to allege facts indicating that he was under imminent danger of serious physical injury at the time the complaint was filed. Id. Accordingly, the Court directed Plaintiff to pay the full $350 filing fee. On March 16, 2009, one week after Plaintiff's motion to proceed in forma pauperis was denied, the Clerk of Court received $350 in payment of the filing fee for this case.

On May 8, 2009, Plaintiff filed his first amended complaint. The amended complaint replaces and supercedes the original complaint. Flannery v. Recording Assoc. of Am., 354 F.3d 632, 638 n.1 (7th Cir. 2004). The amended complaint is 82 pages long. Attached to the amended complaint are 22 exhibits adding an additional 184 pages. The amended complaint seeks relief against 24 Defendants and sets forth 35 separate counts for relief.

REVIEW UNDER 28 U.S.C. § 1915A

Because Plaintiff's amended complaint seeks redress from a governmental entity, officer, or employee, this case is now before the Court for a preliminary review of the amended 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 ...


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