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Smith v. Walton

United States District Court, S.D. Illinois

June 2, 2014

THOMAS M. SMITH, # XXXXX-XXX, Plaintiff,
v.
J. S. WALTON, et al., Defendants.

MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

Plaintiff Thomas Smith, an inmate who is currently incarcerated in the United States Penitentiary in Marion ("Marion"), brings this civil action pro se against twelve prison officials (Doc. 1). Plaintiff's complaint violates the pleading requirements of the Federal Rules of Civil Procedure. For the reasons discussed below, the complaint shall be dismissed without prejudice and with leave to file an amended complaint.

The Complaint

According to the complaint, Plaintiff is known to his peers as "Train Wreck Tommy" (Doc. 1, p. 4). He has "a long history of psychological and mental health problems" that includes "manic depression, bi-polar disorder, minor skitzofrenia (sic) and... [d]iasociative (sic) identity disorder"[1] (Doc. 1, pp. 3-4). Since being taken into federal custody, Plaintiff has also been identified as needing treatment for borderline personality disorder (Doc. 1, p. 3). He admits that "many times" he has "disrupted the orderly flow of the instution (sic)" (Doc. 1, p. 4).

Plaintiff goes on to allege that he is HIV positive. He suffers from a chronic knee problem and a nerve injury in his left hand. While in the custody of the Federal Bureau of Prisons ("BOP"), Plaintiff suffered a "stress related mini stroke" (Doc. 1, p. 5). At times, one side of his body becomes numb, and he cannot move properly. He also requires medication for "phantom nerve pain as well as seizures."

Having provided this background information, Plaintiff goes on to set forth an exhaustive list of alleged wrongs he has suffered while in BOP custody in New Jersey, Colorado, and Illinois. The list is, for the most part, entirely unrelated to the background information Plaintiff provided. It is also vague. The alleged wrongs include the following, among others:

(1) Plaintiff's grievances and appeals are routinely denied (Doc. 1, pp. 1-2);
(2) Plaintiff and other inmates believe that Defendants Walton, Sproul, Garcia, and Clark order the mailroom staff to interfere with the outgoing legal mail of inmates who are considered "troublesome" (Doc. 1, p. 2);
(3) Lieutenant Cline, who is not named as a defendant in this action, sexually abused Plaintiff in Colorado by targeting him for "pat downs" and smacking him in the groin. When Plaintiff complained, Lieutenant Cline issued Plaintiff disciplinary tickets, placed him in segregation, and had him transferred to Marion (Doc. 1, pp. 2-3);
(4) Defendant Clark confiscated Plaintiff's personal property (Doc. 1, p. 3);
(5) Plaintiff's telephone, email, and visitation privileges have been suspended (Doc. 1, p. 3);
(6) Plaintiff's legal documents have been withheld from him (Doc. 1, p. 3);
(7) Plaintiff has not received a low bunk pass, a walking cane, a mechanical joint knee brace, or the proper amount of the following prescriptions: Indomethacin, Gabapentin, Combivir, Sustiva, Atripla (Doc. 1, p. 5);
(8) Defendants Clayton and Bagwell reduced Plaintiff's dosage of HIV medications (Combivir, Sustiva, and Atripla) as a ...

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