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Postlewaite v. Party

United States District Court, S.D. Illinois

September 16, 2014

JARVIS LAMAR POSTLEWAITE, No. R25461, Plaintiff,
v.
WARDEN TREDWAY, WARDEN MOORE, CHAPLIN VAUGHN, COUNSELOR WILLIAMS, SALVADOR GODINEZ. DEBBIE KNAVER, LISA WEITEKAMP, and UNKNOWN PARTY, Defendants.

MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

Plaintiff Jarvis Lamar Postlewaite, an inmate in Lawrence Correctional Center, has filed an "Order to Show Cause for an Petition for Injunction and a Temporary Restraining Order Relief" [sic] (Doc. 1). The pleading seeks only injunctive relief, in the form of medical and mental health treatment, and a transfer to another prison in order to avoid physical injury and retaliation. However, the pleading also outlines eight counts, suggestive of a civil rights complaint pursuant to 42 U.S.C. § 1983 and supplemental state law tort claims:

Count 1: Negligence;
Count 2: Intentional Infliction of Emotional Distress;
Count 3: Violation of Due Process;
Count 4: Retaliation;
Count 5: Inadequate Medical Treatment;
Count 6: Refusal to Provide Protective Custody;
Count 7: Harsh Prison Conditions; and
Count 8: Right to Practice Religion.

This case is now before the Court for a preliminary review of the pleading 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 ...

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