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Wyatt v. Hollingsworth

July 22, 2009

PAUL EDWARD WYATT, PLAINTIFF,
v.
LISA J. HOLLINGSWORTH, 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 Paul Edward Wyatt is an inmate in the United States Penitentiary in Marion. This case is now before the Court for a preliminary review of the complaint pursuant to 28 U.S.C. § 1915A, which provides, in pertinent part:

(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).

THE COMPLAINT

Liberally construing the complaint, Wyatt appears to claim that the Defendants violated his Eighth Amendment rights when they attempted to compel him to move from the Special Housing Unit (SHU) to general prison population against his wishes. Wyatt contends that general population is dangerous because sex offenders and non-sex offenders live and work together. Wyatt was issued seven incident reports for failing to move to general population.

Wyatt also states that he suffers from sore and swollen gums. Wyatt alleges that he has made several requests to be seen by a dentist. Wyatt contends that he waited for more than six months without a dental exam. Wyatt claims this delay was in violation of his Eighth Amendment rights.

In July 2008 Wyatt's counselor was unavailable to provide administrative remedy forms, so Wyatt contacted Defendant Bryson to gain access to the forms. Bryson continually denied Wyatt the forms, in an effort to hinder Wyatt's ability to file grievances. Wyatt states that this intentional denial of forms was in violation of his Fourteenth Amendment rights to procedural due process.

In August 2008 Bryson informed Wyatt that if he continued to file grievances, he would be forced to perform kitchen work for low pay and would be required to pay fines. Wyatt claims that this threat was an attempt to inhibit his ability to file future grievances in violation of his First Amendment rights.

In September 2008 Wyatt delivered completed grievance forms to Defendant English to process the grievance. After being provided the grievance, English has consistently refused to produce the completed form, and has yet to admit that the form has been lost. As a result, Wyatt had to continue through administrative remedies without the completed form necessary to show that other remedies had been exhausted. Wyatt claims that English's refusal ...


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