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Steve Dinwiddie, N-08328 v. Mark S. Carich and John Evans

October 14, 2011

STEVE DINWIDDIE, N-08328, PLAINTIFF,
v.
MARK S. CARICH AND JOHN EVANS, DEFENDANTS.



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

MEMORANDUM AND ORDER

Plaintiff Steve Dinwiddie, who is confined in the Big Muddy River Correctional Center after having been adjudicated a Sexually Dangerous Person, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983.*fn1 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, 550 U.S. 544, 570 (2007). Conversely, 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. See Rodriguez v. Plymouth Ambulance Serv., 577 F.3d 816, 821 (7th Cir. 2009).

Upon careful review of the complaint and any supporting exhibits, the Court finds that dismissal pursuant to § 1915A is not appropriate at this time.

The Complaint

Plaintiff states that he was committed to the custody of the Illinois Department of Corrections ("IDOC") as a sexually dangerous person on April 29, 1998. Inmates being held under the Sexually Dangerous Persons ("SDP") Program are normally housed in the 4-C Wing of the Big Muddy Correctional Center ("Big Muddy") and receive treatment there under the program. Defendant Carich is the program administrator of the SDP Program at Big Muddy.

In October 2007, Defendant Carich "forced" Plaintiff out of the 4-C treatment wing, and he has been housed in the general population wing (4-B) since that time (Doc. 1, p. 1, 4). Plaintiff claims that his life is in jeopardy, and he faces imminent danger of physical injury from the general population inmates with whom he is housed. He requests an order removing him from the general population, and returning him to the 4-C wing to be housed with the other SDP inmates.

Discussion

Based on the allegations of the complaint, the Court finds it convenient to divide the pro se action into two (2) counts. The parties and the Court will use these designations in all future pleadings and orders, unless otherwise directed by a judicial officer of this Court. The ...


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