United States District Court, S.D. Illinois
ROBERT CHAPMAN, No. B78512, Plaintiff,
MOLDENHAUSER, and JOHN TROST, Defendants.
MEMORANDUM AND ORDER
MICHAEL J. REAGAN Chief Judge
Robert Chapman, an inmate currently housed in Menard
Correctional Center (“Menard”), brings this
pro se action for deprivations of his constitutional
rights pursuant to 42 U.S.C. § 1983. (Doc. 1).
Plaintiff's Motion for Leave to Proceed in forma
pauperis (Doc. 2) was granted on January 6, 2017 (Doc.
4) and the initial filing fee has been paid. Plaintiff claims
deliberate indifference to his serious medical condition of
chronic abdominal pain and diabetes related symptoms, in
violation of the Eighth Amendment.
connection with this claim, Plaintiff sues Moldenhauser
(nurse practitioner) and John Trost (doctor) in their
official and individual capacities. Plaintiff only seeks
monetary relief. Although Plaintiff does not explicitly seek
injunctive relief, considering the nature of Plaintiff's
(chronic abdominal pain and diabetes related symptoms that
may require medical intervention), the Court construes
Plaintiff's Complaint as including a request for
injunctive relief at the close of the case.
Plaintiff is interested in obtaining interim relief, he
should file a separate motion pursuant to Rule 65(a) or (b)
indicating the exact form of relief he seeks, the reasons why
he seeks said relief, and the factual allegations supporting
his request. He may do so at any time during the pending
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
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). Frivolousness is an
objective standard that refers to a claim that any reasonable
person would find meritless. Lee v. Clinton, 209
F.3d 1025, 1026-27 (7th Cir. 2000). 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). The claim of
entitlement to relief must cross “the line between
possibility and plausibility.” Id. at 557. At
this juncture, the factual allegations of the pro se
complaint are to be liberally construed. See Rodriguez v.
Plymouth Ambulance Serv., 577 F.3d 816, 821 (7th Cir.
careful review of the Complaint and any supporting exhibits,
the Court finds it appropriate to exercise its authority
under § 1915A; portions of this action are subject to
2009 and 2016 Plaintiff has been complaining of severe pain
to Menard correctional center medical staff. (Doc. 1, p. 5).
Plaintiff's requests for medical care have indicated that
he is in “urgent need of pain medication and
treatment.” Id. Plaintiff has filed grievances
complaining about his medical treatment. Id.
However, his grievances have been ignored. Id.
3, 2016, Plaintiff was experiencing extreme abdominal pain in
his upper right side. (Doc. 1, p. 5). The pain increased and
Plaintiff began losing weight. Plaintiff submitted several
requests for medical treatment that were ignored.
Id. Eventually, Plaintiff was seen by an
unidentified nurse on June 28, 2016. Id. Plaintiff
advised the nurse that he was experiencing the following
symptoms: (1) blurry vision; (2) dry mouth; (3) increased
urination, (4) loss of energy; (5) swelling feet; (6)
uncontrollable hand shaking; ...