Name of Assigned Judge BLANCHE M. MANNING Sitting Judge if Other or Magistrate Judge than Assigned Judge
The plaintiff's motion for leave to proceed in forma pauperis [#3] is granted. However, the complaint is dismissed on initial review pursuant to 28 U.S.C. § 1915A for failure to state a cognizable federal claim. The case is terminated. The plaintiff's motion for appointment of counsel [#4] is denied as moot. The trust fund officer at the plaintiff's place of incarceration is authorized and ordered to make deductions from the plaintiff's account and payments to the clerk of court as stated herein. The clerk is directed to mail a copy of this order to the Supervisor of Inmate Trust Fund Accounts, Cook County Dept. of Corrections Administrative Office, Division V, 2700 S. California, Chicago, Illinois 60608. This is one of the plaintiff's three allotted dismissals under 28 U.S.C. § 1915(g).
O [For further details see text below.]
Docketing to mail notices.
The plaintiff, an inmate in the custody of the Cook County Department of Corrections, has brought this pro se civil rights action pursuant to 42 U.S.C. § 1983. The plaintiff claims that correctional officials and maintenance workers at the jail acted with deliberate indifference to the plaintiff's safety by failing to make timely repairs to a leak in his cell; he further alleges that after he slipped and fell in standing water, a nurse "dropped" him into a wheelchair and exacerbated his injuries.
The court finds that the plaintiff is unable to prepay the filing fee. The court accordingly grants the plaintiff's motion for leave to proceed in forma pauperis and assesses an initial partial filing fee of $9.43 pursuant to 28 U.S.C. §1915(b)(1). The trust officer at the plaintiff's place of incarceration is directed to collect, when funds exist, the partial filing fee from the plaintiff's trust fund account and pay it directly to the clerk of court. Thereafter, the trust fund officer at the correctional facility where the plaintiff is confined is directed to collect monthly payments from the plaintiff's trust fund account in the amount of 20% of the preceding month's income credited to the account. Monthly payments collected from the plaintiff's trust fund account shall be forwarded to the clerk of court each time the account balance exceeds $10 until the full $350 filing fee is paid. All payments shall be sent to the Clerk, United States District Court, 219 S. Dearborn St., Chicago, Illinois 60604, attn:
Cashier's Desk, 20th Floor, and shall clearly identify the plaintiff's name and the case number assigned to this action. This payment obligation will follow the plaintiff in the event of his transfer to another correctional facility.
However, under 28 U.S.C. § 1915A, the court is required to dismiss a suit brought in forma pauperis at any time if the court determines that it is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. Here, even accepting the plaintiff's factual allegations as true, the court finds that the complaint fails to state a federal claim as a matter of law. The plaintiff's allegations do not rise to the level of a constitutional violation.
The plaintiff alleges that, beginning September 5, 2010, a leak in the ceiling caused water to drip down the plaintiff's cell wall and form a pool of water on the floor. The plaintiff immediately informed the correctional staff; he was told that a work order would be filled, but that the repair might take a day or two because it was not an emergency concern. The plaintiff's request to be relocated to another cell was denied; however, he was given a mop to wipe up the water.
Despite the plaintiff's repeated complaints, the repairs were not made in the ensuing days and correctional officials refused to reassign the plaintiff to another cell. ...