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Seneca Smith (K-76299 v. Randle

October 31, 2012

SENECA SMITH (K-76299)
v.
RANDLE, ET AL.



Order Form (01/2005)

Name of Assigned Judge or Magistrate Judge Elaine E. Bucklo Sitting Judge if Other than Assigned Judge

CASE TITLE

DOCKET ENTRY TEXT

Defendant's motion to dismiss [135] is denied. Defendant Bacot's answer is to filed within 21 days of this order.

O [ For further details see text below.] Docketing to mail notices.

STATEMENT

Plaintiff, Seneca Smith, an inmate at Stateville Correctional Center, brings this pro se civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff alleges that he has been denied proper medical care at Stateville. Presently before the Court is Defendant Andrea Bacot's motion to dismiss.

It is well established that pro se complaints are to be liberally construed. Kaba v. Stepp, 458 F.3d 678, 681, 687 (7th Cir. 2006). Pro se submissions are held to a less stringent standard than formal pleadings drafted by lawyers. Bridges v. Gilbert, 557 F.3d 541, 546 (7th Cir. 2009). Rule 8(a)(2) of the Federal Rules of Civil Procedure requires only "a short and plain statement of the claim showing that the pleader is entitled to relief," in order to " 'give the defendant fair notice of what the . . . claim is and the grounds upon which it rests.' " Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)); Windy City Metal Fabricators & Supply, Inc. v. CIT Tech. Fin. Servs., Inc., 536 F.3d 663, 667 (7th Cir. 2008).

To satisfy the notice pleading requirements of Fed. R. Civ. P. 8(a)(2), the plaintiff must only state his basic legal claim and provide "some indication . . . of time and place." Thompson v. Washington, 362 F.3d 969, 971 (7th Cir. 2004). In addition, when considering whether to dismiss a complaint for failure to state a claim upon which relief can be granted, the court assumes all factual allegations in the complaint to be true, viewing all facts--as well as any inferences reasonably drawn therefrom--in the light most favorable to the plaintiff. Parish v. City of Elkhart, 614 F.3d 677, 679 (7th Cir. 2010); Bell Atlantic Corp., 550 U.S. at 563 (citing Swierkiewicz v. Sorema N.A., 534 U.S. 506, 514 (2002)). A well-pleaded complaint may proceed even if it appears "that actual proof of those facts is improbable, and that a recovery is very remote and unlikely." Bell Atlantic Corp., 550 U.S. at 556.

Nevertheless, the factual allegations in the complaint must be enough to raise a right to relief above the speculative level. Bell Atlantic Corp., 550 U.S. at 555. While a complaint challenged by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff's obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Bell Atlantic Corp., 550 U.S. at 555 (citations omitted). "The complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face." Bonte v. U.S. Bank, N.A., 624 F.3d 461, 463 (7th Cir. 2010) (citing Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)).

Plaintiff alleges that on July 9, 2010, he arrived at the Stateville Correctional Center Northern Reception Center (NRC). Upon arrival, he informed an unknown nurse and Doctor Diane about his required medical needs for radius nerve damage that causes chronic pain at all times and his need for a sleep apnea machine. The doctor told Plaintiff he did not need the medication for his nerve damage (pain medication) because he would not be at the NRC for long and he did not need the sleep apnea machine because sleep apnea only affected people who needed sleep to get up for work in the morning.

Plaintiff did not receive his medication nor his sleep apnea machine. Plaintiff continually asked nurses and correctional officers for help to no avail. Plaintiff pleads that he told Defendant Nurse Bacot about his medical conditions and asked for medical attention and his medications to no avail. Plaintiff alleges that Defendant Bacot was deliberately indifferent to his serious medical needs.

Defendant Bacot first argues that Plaintiff's claim for injunctive relief should be dismissed because Plaintiff is no longer housed at the NRC. Plaintiff's second amended complaint does not seek ...


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