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Baxter v. Lappin

May 7, 2010

DAVID BAXTER, A.K.A., RICHIE A. HILL, PLAINTIFF,
v.
HARLEY G. LAPPIN, ET AL., DEFENDANTS.



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

MEMORANDUM AND ORDER

Plaintiff, an inmate at the Administrative Maximum United States Penitentiary (ADX) located in Florence, Colorado, brings this action for deprivations of his constitutional rights pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). 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). An action fails to state a claim upon which relief can be granted if it does not plead "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 590 U.S. 544, 570 (2007). A complaint is plausible on its face "when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009). Although the Court is obligated to accept factual allegations as true, some factual allegations may be so sketchy or implausible that they fail to provide sufficient notice of a plaintiff's claim. Brooks v. Ross, 578 F.3d 574, 581 (7th Cir. 2009). Additionally, Courts "should not accept as adequate abstract recitations of the elements of a cause of action or conclusory legal statements." Id. At the same time, however, the factual allegations of a pro se complaint are to be liberally construed. Rodriguez v. Plymouth Ambulance Service, 577 F.3d 816, 821 (7th Cir. 2009).

BACKGROUND

Before turning to the allegations of the complaint, the Court believes it is necessary to explain the background against which the allegations of the complaint are being made. Plaintiff -who was convicted under the name "Richie Antonio Hill" - is serving a 360-moth sentence for carjacking and kidnaping, United States v. Hill, Case No. 98-cr-69 (M.D. Fla), and a 120-month consecutive sentence for voluntary manslaughter, United States v. Hill, Case No. 02-cr-248 (D. Colo.). Plaintiff has been incarcerated in several facilities since the imposition of his initial sentence, including ADX (his current place of confinement), the United States Penitentiary in Marion, Illinois (USP-Marion), and the Mental Health Unit of the United States Medical Center for Federal Prisoners in Springfield, Missouri (USMCFP). See Baxter v. Manley, Case No. 08-cv-620 (Dist. Colo. March 8, 2010) (Memorandum Opinion and Order). While confined at USMCFP, Plaintiff was treated with psychotropic medications. See Hill v. United States Dept. of Justice, Case No. 03-cv-3411 (W.D. Mo.). Through out his incarceration, Plaintiff has filed numerous civil suits and habeas corpus actions in Florida, Missouri, Illinois, and Colorado. Most of these suits have been filed under the name "Richie Hill" or "Richie A. Hill." However, some of the suits have been filed under the name "David Baxter" or, even, "Tony Baxter."

THE COMPLAINT

In the instant complaint, Plaintiff alleges that, while confined at USP-Marion, Defendant Samples broke his neck on May 6, 2005. Plaintiff also alleges that Defendant Lockridge broke his left index finger while he was confined in handcuffs "on B-range in 2005." Plaintiff further contends that Defendants Samples, Hughes, Lockridge, and John Doe tried to kill him and he would like to file criminal charges against them. Plaintiff states that in 2005, he attempted to give Defendant Lappin a "BOP 10" (i.e., grievance form) while Lappin was visiting USMCFP. Plaintiff alleges, however, Defendant Lappin told him to place the form in the mail, an instruction which Plaintiff found objectionable because Lappin "knew that [Plaintiff] had a broken neck."

DISCUSSION

At the outset, a review of the Court's records reveals that Plaintiff filed a nearly identical suit against Defendants Samples, Hughes, and Lockridge on September 28, 2006. Hill v. Samples, Case No. 06-cv-751 (S.D. Ill.). As in the instant case, Plaintiff also alleged that Samples broke his neck and that Lockridge broke his left index finger. ...


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