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Gregory Dabbs v. Gladyse Taylor and Wexler Health Care

May 22, 2012

GREGORY DABBS, PLAINTIFF,
v.
GLADYSE TAYLOR AND WEXLER HEALTH CARE, DEFENDANTS.



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

MEMORANDUM AND ORDER

Plaintiff Greg Dabbs brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983 that occurred during his incarceration at Lawrence Correctional Center in Sumner, Illinois. Plaintiff completed a three year sentence for a 2008 domestic battery conviction. He is currently released. 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; this action is subject to summary dismissal.

The Complaint

Plaintiff's complaint names Gladyse Taylor, Director of the Illinois Department of Corrections (IDOC) and Wexford Health Care (Wexford) as defendants in this action. In the body of the pleadings, Plaintiff additionally references Derwyn Ryker, Warden of Lawrence and Phil Martin, Health Care Administrator. Ryker and Martin, however, are not mentioned in either the caption of the case nor in any specific allegations.

Plaintiff's pleadings consist of complaints about his medical care and requests for specific medical attention. His dissatisfactions include the type of treatment he received for ulcerative colitis, an inadequate amount of therapy for his post traumatic stress disorder, a need for bifocal lenses instead of the reading glasses provided to him, and delay in receiving medication for what he terms epididymal cysts. He does not indicate any manner in which the named Defendants were involved in any of the alleged unconstitutional conduct.

Additionally, Plaintiff complains of inadequate access to the law library at Lawrence.

His complaint indicates that denial of law library resources was preventing him from working on pending federal and state appeals.

Plaintiff requests medical treatment at a hospital, access to the Lawrence law library and ...


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