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Norris Boston, #S-07401 v. Randy Grounds

March 27, 2012

NORRIS BOSTON, #S-07401, PLAINTIFF,
v.
RANDY GROUNDS, DEFENDANT.



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

MEMORANDUM AND ORDER

Plaintiff Norris Boston, an inmate in Robinson Correctional Center ("Robinson"), brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Plaintiff is serving a two year sentence for failing to register as a sex offender. 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).

Upon careful review of the complaint and supporting exhibits, the Court finds it appropriate to exercise its authority under § 1915A and shall dismiss this action.

The Complaint

Plaintiff claims that Defendant Randy Grounds, the warden of Robinson, has discriminated against him by failing to place him in an approved residence where Plaintiff can serve his mandatory supervised release period. Plaintiff is required to register as a sex offender, and to be subject to electronic monitoring (Doc. 1, pp. 13-15). Plaintiff was eligible for mandatory supervised release on January 6, 2012, but is still incarcerated because no placement was found for him.

Plaintiff seeks declaratory and injunctive relief, as well as compensatory and punitive damages for the ...


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