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Bobby L. Phillips, #A-66488 v. S.A. Godinez

November 28, 2011

BOBBY L. PHILLIPS, #A-66488, PLAINTIFF,
v.
S.A. GODINEZ, SHERRY BENTON, DAVE REDNOUR AND MRS. OAKLEY, DEFENDANTS.



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

MEMORANDUM AND ORDER

Plaintiff Bobby L. Phillips, an inmate in Menard Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Plaintiff is serving a 25-year sentence for burglary. 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 supporting exhibits in light of § 1915A, the Court finds that this matter should receive further review.

The Complaint

Plaintiff alleges that he has been threatened by other inmates and that several gangs (the Aryan Brotherhood, North Siders and Latin Kings) have put a contract on him to have him killed. Members of these gangs are known by Plaintiff to be housed in Menard Correctional Center. One of Plaintiff's enemies, nicknamed "Shaky (or Shady) John," is assigned as an inmate gallery worker in the cell house where Plaintiff resides. Plaintiff states that he has also received threats from inmates Larry Rodgers, Roderick Choisser and an inmate known as "Snake" (Doc. 1, p. 2). Plaintiff is age 52 and in poor health.

Beginning in June or July 2011, Plaintiff informed each Defendant of these specific threats and requested to be placed in protective custody because of the danger to his life and safety. However, Defendants, knowing of the specific threats and individual enemies ...


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